Cap-exempt H-1B employers

Petitions from these employers are not subject to the annual H-1B numerical cap. No lottery, and a petition can be filed on any day of the year. 21,646 employers match one of the statutory categories.

What makes an employer cap-exempt

INA 214(g)(5) exempts four categories: (A) institutions of higher education, (B) nonprofit entities related to or affiliated with an institution of higher education, (C) nonprofit research organizations, and (D) governmental research organizations.

A common misconception

A K-12 public school district is a political subdivision, not an institution of higher education, so it is not automatically cap-exempt. Some districts do qualify under category (B) through a written affiliation agreement with a university. Ask the district directly whether such an agreement exists.

Largest cap-exempt sponsors

Cap-exempt status is determined by the petitioning employer and their counsel, not by this site. These flags indicate only that an employer resembles a statutory category.