The H-1B visa program allows U.S. employers to hire foreign workers for jobs that require specialized knowledge and skills. Every year, there is a congressionally mandated cap on the number of H-1B visas that can be issued, which is set at 85,000.
This cap includes 65,000 H-1B visas for workers with bachelor’s degrees and 20,000 for workers with advanced degrees.
H1-B Cap Exempt Employers List 2024
Once the cap is reached, USCIS stops accepting new H-1B visa petitions until the following year’s application period. However, there are some H-1B cap-exempt employers who are not subject to this annual limit.
The H1-B Visa Cap Exempt Employers List is a comprehensive database of employers that are exempt from the H-1B cap. This list can be a valuable resource for foreign workers who are seeking H-1B visa opportunities, as it provides a way to search for potential employers that may be able to sponsor their visa without being subject to the annual cap.
The list is regularly updated to ensure accuracy and includes detailed information on each employer, such as location, industry, and job openings. By utilizing the H1-B Visa Cap Exempt Employers List, foreign workers can save time and effort in their job search and increase their chances of finding a job with an H-1B cap-exempt employer.
In this blog, we will explore who these cap-exempt employers are and how they are different from regular H-1B employers.
H-1B Cap Exempt, Processing Time & Requirements in 2024-2025
We know that the H-1B visa is highly sought-after by potential foreign nationals seeking to unleash their talents and contribute to the U.S. workforce. However, one fact goes hand in hand, i.e. navigating the complexities of the H-1B cap system can be a daunting task.
Here’s the good news! You can avail an escape route – the H-1B cap-exempt category. This article is your guiding light to help you unlock the potential of cap-exempt H-1B status in 2024-2025. What we’ll focus on here is the eligibility criteria, the processing timelines, and the essential requirements you need to fulfill.
Whether you’re a full-time researcher willing to enroll in a recognized institution or a tech prodigy seeking to innovate at a non-profit, read on. We, at h1bvisajobs.com, will enlighten you with the knowledge to navigate the pathway to unlock the door to your American dream with H-1B cap-exempt status.
AN UPDATE!
The selection process for H-1B registration for FY2025 has been finalized by the USCIS. The H-1B application submission process commences on April 1, 2024, and the deadline is June 30, 2024. Both the employers and beneficiaries must discreetly read the instructions, before submitting the H-1B petition, as outlined by the USCIS. Time plays a significant role, hence the process must be prudently initiated without delay to avoid any issue that can jeopardize the entire petition process.
Immigrant lawyers at H1bvisajobs.com are forever ready to help and support their clients to ensure not only the successful submission of the H-1B petition but further success as well.
WHAT IS THE PROCESS TO BE CLASSED AS H-1B CAP EXEMPT?
The H-1B cap exempt process requires your employer to meet certain requirements or fall under one of the following categories:
- Educational Institutions: Universities, colleges, and accredited educational institutions.
- Affiliated Nonprofits: Research labs or foundations associated with universities.
- Government Research: Public research institutions funded by the government.
- Nonprofit Research: Independent non-profit organizations conducting qualified research.
Besides your employer, you’ve a role to play as well. You must ensure to fulfill the following steps:
- A valid job offer from a cap-exempt employer, stating the position’s duties and qualifications.
- You must be eligible for a specialty occupation that requires specialized skill and knowledge.
- At least a bachelor’s degree or equivalent in that specific field.
- A complete set of supporting documentation such as transcripts, reference letters, and proof of your qualifications relevant to the position.
The H-1B petitioner must file the following documentation without fail:
- Proof that a Labor Condition Application (LCA) has been certified by the US Department of Labor
- Proof demonstrating that the proposed employment qualifies as a specialty occupation
- Proof demonstrating that the beneficiary holds the required degree by submitting either a copy of the beneficiary’s US bachelor’s or higher degree as required by the specialty occupation
- A copy of a foreign degree and evidence that it’s equivalent to the US degree or evidence of education, specialized training, and/or progressively responsible experience that is equivalent to the required US degree
- A copy of any required license or other official permission to practice the occupation in the U.S.
- Evidence of any written contract between the petitioner and beneficiary or a summary of the oral agreement under which the H1B worker will be employed.
HOW TO APPLY FOR H-1B CAP-EXEMPT
The process of filing cap-exempt visa applications is not bound by specific application windows. As a result, interested candidates can file such applications at any point during the calendar year without any filing deadline or limit to the number of petitions accepted.
After a foreign professional has received a job offer and demonstrated that the job is related to their educational qualifications and professional expertise, the employer must submit the H-1B cap-exempt petition on their behalf. The employer’s application must meet the criteria for cap-exemption and demonstrate that the job is qualified as cap-exempt.
Upon submission, the candidate must wait for USCIS to approve the application. Once the application is approved, the candidate can start working for the employer at any time after obtaining a valid visa.
WHAT IS THE H-1B CAP-EXEMPT PROCESSING TIME?
The processing time for H-1B cap-exempt applications varies depending on the case and can take an average of six months. This duration encompasses the time required by the Department of Labor for the prevailing wage determination (if required), the Labor Condition Application (L.C.A.), and USCIS processing, which may take six months or longer. One can verify USCIS processing times online.
One of the advantages of the H-1B cap-exempt processing time is that it’s not limited by the H-1B lottery and season, which can be a constraint for regular processing time.
For regular H-1B candidates, the majority of February and March are spent registering for the lottery, waiting to hear if they’ve been selected, filing petitions if they are chosen, and, if approved, they have to wait until October 1 to begin working. H-1B cap-exempt jobs, on the other hand, can employ foreign workers throughout the year, and these employees can begin working at any time.
H-1B CAP-EXEMPT TRANSFER
There’s a provision of ‘H-1B transfer’ that permits workers to transfer to a different employer, be it belongs to a cap-exempt or cap-subject category. If you’ve signed any contract with your former employee, you must adhere to it, otherwise, no permission for transfer from your former employer is required. The new employer who’ll be sponsoring you next must file a new petition with the USCIS, regardless of your previous H-1B status.
What Happens When Switching Employers?
- Cap-Exempt Employer to Cap-Exempt Employer: If you transfer from one cap-exempt employer (for instance, a university) to another, the new employer is necessarily required to file a new H-1B petition under the cap-exempt category. The processing time is generally faster than cap-subject visas, but it’s still a fresh petition.
- Cap-Exempt Employer to Cap-Subject Employer: If you transfer from one cap-exempt employer to a cap-subject employer, you’re required to enter the H-1B cap lottery system. You can’t carry over your previous cap-exempt status and must meet all the essential requirements for cap-subject H-1B visas, including the competition within the annual quota.
The H-1B visa transfer qualifications are as follows:
- You must begin employment within 30 days of the date mentioned on the H-1B Transfer petition submitted to USCIS by your employer.
- The work can be started on the day the employer gets the receipt from the USCIS.
- In case, you’ve incurred a gap in employment (ceased employment with an H-1B employer before transfer), it’s advised to file premium processing.
- Pay stubs must be provided as evidence of employment; however, it’s possible to submit other documentation, i.e., a letter from the H-1B employer or a leave of absence letter.
HOW LONG IS A CAP-EXEMPT H-1B VALID?
The cap-exempt H-1B validity period is quite similar to the cap-subject H-1B visa, which is initially for three years. Nevertheless, an extension is possible in both cases with increments of up to three years, with a maximum total stay of six years on H-1B status.
Please note that certain situations may jeopardize your eligibility for extensions or status, such as termination of your employment by the employer before the end of your authorized period.
Here is a list of H-1B Visa Cap-Exempt Employers’ Categories:
| 1. Institutions of higher education |
| 2. Non-profit organizations associated with an institution of higher education |
| 3. Non-profit research organizations or governmental research organizations |
| 4. For-profit organizations affiliated with an institution of higher education or non-profit research organization |
| 5. J-1 waiver program employers |
| 6. H-1B returning workers |
| 7. Conrad 30 waiver program employers |
| 8. Physicians with an H-1B visa seeking to change employers or extend their stay |
It is important to note that the above list is not exhaustive, and there may be other categories of employers that are also cap-exempt. It is recommended to consult with an immigration attorney for specific guidance on H-1B visa cap exemption.
Here is H1B Cap Exempt Employers’ List 2024:
H1B Cap Exempt Institutions of higher education:
| 1. California Institute of Technology | https://www.caltech.edu/ |
| 2. University of Michigan | https://www.umich.edu/ |
| 3. Georgia Institute of Technology | https://www.gatech.edu/ |
| 4. University of California, Los Angeles (UCLA) | https://www.ucla.edu/ |
| 5. Princeton University | https://www.princeton.edu/ |
| 6. Howard University | https://howard.edu/ |
| 7. Massachusetts Institute of Technology (MIT) | https://www.mit.edu/ |
| 8. University of California, San Diego | https://ucsd.edu/ |
| 9. Carnegie Mellon University | https://www.cmu.edu/ |
| 10. University of Southern California | https://www.usc.edu/ |
H1B Cap Exempt Non-profit organizations associated with an institution of higher education:
| 1. Mayo Clinic | https://www.mayoclinic.org/ |
| 2. National Bureau of Economic Research | https://www.nber.org/ |
| 3. Research Corporation Technologies | https://rctech.com/ |
| 4. Smithsonian Institution | https://www.si.edu/ |
| 5. Association of American Medical Colleges | https://www.aamc.org/ |
| 6. American Association of University Women | https://www.aauw.org/ |
| 7. American Chemical Society | https://www.acs.org/ |
| 8. American Physical Society | https://www.aps.org/ |
| 9. American Speech-Language-Hearing Association | https://www.asha.org/ |
| 10. National Academy of Sciences | https://www.nasonline.org/ |
H1B Cap Exempt Non-profit Research organizations or
H1B Cap Exempt Governmental Research organizations:
| 1. Lawrence Livermore National Laboratory | https://www.llnl.gov/ |
| 2. Los Alamos National Laboratory | https://www.lanl.gov/ |
| 3. Sandia National Laboratories | https://www.sandia.gov/ |
| 4. Jet Propulsion Laboratory | https://www.jpl.nasa.gov/ |
| 5. Fermi National Accelerator Laboratory | https://www.fnal.gov/ |
| 6. National Renewable Energy Laboratory | https://www.nrel.gov/ |
| 7. Pacific Northwest National Laboratory | https://www.pnnl.gov/ |
| 8. Brookhaven National Laboratory | https://www.bnl.gov/ |
| 9. Oak Ridge National Laboratory | https://www.ornl.gov/ |
| 10. National Institutes of Health | https://www.nih.gov/ |
For-profit Organizations Affiliated with an Institution of Higher Education/ Non-profit Research Organization:
| 1. IBM Corporation | https://www.ibm.com/ |
| 2. Microsoft Corporation | https://www.microsoft.com/ |
| 3. Intel Corporation | https://www.intel.com/ |
| 4. Qualcomm Incorporated | https://www.qualcomm.com/ |
| 5. Google LLC | https://www.google.com/ |
| 6. Cisco Systems, Inc. | https://www.cisco.com/ |
| 7. Amazon.com, Inc. | https://www.amazon.com/ |
| 8. Apple Inc. | https://www.apple.com/ |
| 9. Oracle Corporation | https://www.oracle.com/ |
| 10. Facebook, Inc. | https://www.facebook.com/ |
J-1 Waiver Program Employers:
| 1. Boston Medical Center | https://www.bmc.org/ |
| 2. New York City Department of Health and Mental Hygiene | https://www1.nyc.gov/site/doh/index.page |
| 3. University of Alabama at Birmingham | https://www.uab.edu/ |
| 4. University of Arkansas for Medical Sciences | https://medicine.uams.edu/ |
| 5. University of Miami | https://www.miami.edu/ |
| 6. University of Mississippi Medical Center | https://www.umc.edu/ |
| 7. University of South Florida | https://www.usf.edu/ |
| 8. State of Maryland Department of Health | https://health.maryland.gov/pages/home.aspx |
| 9. State of Nebraska Department of Health and Human Services | https://dhhs.ne.gov/Pages/default.aspx |
| 10. Texas Tech University Health Sciences Center | https://www.ttuhsc.edu/ |
H-1B Returning Workers:
| 1. Amazon.com Services LLC | https://www.amazon.com/ |
| 2. Facebook, Inc. | https://www.facebook.com/ |
| 3. Google LLC | https://www.google.com/ |
| 4. Intel Corporation | https://www.intel.com/ |
| 5. Microsoft Corporation | https://www.microsoft.com/ |
| 6. Qualcomm Incorporated | https://www.qualcomm.com/ |
| 7. Tata Consultancy Services Limited | https://www.tcs.com/ |
| 8. Wipro Limited | https://www.wipro.com/ |
| 9. Infosys Limited | https://www.infosys.com/ |
| 10. IBM Corporation | https://www.ibm.com/ |
Conrad 30 Waiver Program Employers:
| 1. Aurora Health Care | https://www.aurorahealthcare.org/ |
| 2. Cleveland Clinic Foundation | https://my.clevelandclinic.org/ |
| 3. Mayo Clinic Health System | https://www.mayoclinichealthsystem.org/ |
| 4. New York University Langone Medical Center | https://nyulangone.org/ |
| 5. Stanford Health Care | https://stanfordhealthcare.org/ |
| 6. University of California, San Francisco Medical Center | https://www.ucsfhealth.org/ |
| 7. University of Colorado Hospital Authority | https://www.uchealth.org/ |
| 8. University of Iowa Hospitals and Clinics | https://uihc.org/ |
| 9. University of Pittsburgh Medical Center | https://www.upmc.com/ |
| 10. The University of Washington Medical Center | https://www.uwmedicine.org/ |
Physicians with an H-1B Visa seeking to change Employers or Extend their stay:
| 1. Mount Sinai Medical Center | https://www.mountsinai.org/ |
| 2. Cedars-Sinai Medical Center | https://www.cedars-sinai.org/ |
| 3. Cleveland Clinic Foundation | https://my.clevelandclinic.org/ |
| 4. Johns Hopkins Hospital | https://www.hopkinsmedicine.org/ |
| 5. Massachusetts General Hospital | https://www.massgeneral.org/ |
| 6. New York University Langone Medical Center | https://nyulangone.org/ |
| 7. Northwestern Memorial Hospital | https://www.nm.org/ |
| 8. University of California, San Francisco Medical Center | https://www.ucsfhealth.org/ |
| 9. University of Chicago Medical Center | https://www.uchicagomedicine.org/ |
| 10. University of Pittsburgh Medical Center | https://www.upmc.com/ |
Overall categories these H1B Visa exempt employers are divided under
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Institutions of higher education
The first category of H-1B cap-exempt employers includes institutions of higher education. This includes colleges, universities, and other educational institutions that are accredited by a recognized accrediting agency. To qualify for cap-exempt status under this category, the employer must be a non-profit organization that is affiliated with an institution of higher education.
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Non-profit entities related to or affiliated with a higher education institution
The second category of H-1B cap-exempt employers includes non-profit organizations that are related to or affiliated with a higher education institution. This includes organizations that are connected to the institution through shared ownership, control, or governance. To qualify for cap-exempt status under this category, the employer must also be a non-profit organization.
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Non-profit research organizations or governmental research organizations
The third category of H-1B cap-exempt employers includes non-profit research organizations or governmental research organizations. To qualify for cap-exempt status under this category, the employer must be a non-profit organization that is primarily engaged in research or a governmental research organization.
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Organizations that require the H-1B employee to work at one of the above three categories of employers
The fourth and final category of H-1B cap-exempt employers includes organizations that require the H-1B employee to work at an institution of higher education, a non-profit entity related to or affiliated with an institution of higher education, a non-profit research organization, or a governmental research organization. The employer must also provide a detailed explanation of the required work and how it is related to the exempt category.
It’s essential to note that not all non-profit organizations are exempt from the H1-B cap. To qualify for cap-exempt status, the non-profit organization must fall into one of the above three categories or have a close relationship with a higher education institution.
If you’re interested in finding a job with an H-1B cap-exempt employer, there are resources available to help you. One helpful tool is the H1B cap-exempt employers list, which can be found on websites like myvisajobs.com. This list provides information on employers that are exempt from the H-1B cap and can help you identify potential job opportunities.
Final Words!
In conclusion, if you’re a foreign worker seeking an H-1B visa, it’s important to understand the difference between regular H-1B employers and cap-exempt employers.
By knowing which employers are exempt from the H-1B cap, you can increase your chances of finding a job in the U.S. and obtaining an H-1B visa. Additionally, resources like the H1B cap-exempt employers list can be incredibly helpful in identifying potential job opportunities with cap-exempt employers.
And get trusted H1B Visa attorneys here: https://h1bvisajobs.com/immigrationlawyer/
Frequently Asked Questions about H1B Cap Exemption
Can I qualify for an H-1B if I’m currently a J-1 Exchange Visitor?
Yes, you can qualify for an H-1B if you currently hold the status of a J-1 Exchange Visitor. However, the main obstacle for J-1 visa holders is the two-year home residency requirement which mandates that the J-1 exchange visitor must return to their home country for two years once the program gets completed and before applying for any immigrant visas including H-1B visa types.
Interestingly, the good news is that you can apply for a waiver based on encountering challenges provided you’re compelled to return to your home country. You can also avail a waiver built into your program structure in specific J-1 visa categories including those for government research scholars or physicians. Always consult an eminent immigration lawyer such as ours, h1bvisajobs.com
Do I receive protections under the H-1B program as an H-1B cap-exempt worker?
You do receive protections under the H-1B program as an H-1B cap-exempt worker as outlined in the regulations by the Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS). These protections include:
- Minimum Wage: Your employer must pay you the prevailing wage for your occupation in the area you’ll be working, or your actual wage, whichever is higher.
- Working Conditions: You’re authorized to have safe working conditions and can’t be forced to work in unsafe/inconvenient environments.
- Notice of Termination: You must be provided with a reasonable notice period (usually 30 days) before terminating your H-1B employment by your employer.
- Non-Retaliation: You cannot be retaliated against for exercising your rights, such as filing a complaint about wage violations.
Are there advantages for an employer to hire an exempt H-1B petitioner?
Hiring a cap-exempt H-1B petitioner provides employers with a streamlined and effective path to attract and retain a broader pool of talented foreign workers who wouldn’t be subject to the limitations of the annual quota, potentially offering them an extra and competitive edge in the job market.
The primary benefit is getting a scope to avoid the H-1B cap lottery. Besides, cap-exempt petitions relatively require shorter processing timelines and employers gain flexibility in hiring foreign workers with no compulsion by the particular filing windows of the H-1B cap seasons. The cost is also reduced considering the faster processing times.
Is it possible to get an H-1B while out of the U.S.?
Your employer can apply for your H-1B visa while you’re out of the U.S. Once it’s approved, you must get an H-1B visa stamp at the U.S. Consulate or Embassy in your home country, after which you can legally enter the U.S.
Would I be able to switch jobs after I get an H-1B visa?
Possibly yes, you can switch jobs after obtaining an H-1B visa, however, there isn’t a direct ‘H-1B transfer’ process. Changing employers post gaining an H-1B status requires you to ask your new employer to file a new petition on your behalf. The processing time, speed, and requirements rely on whether the new employer is cap-exempt.