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Is everyone subject to the H-1B cap lottery?

Some employers are exempt from the lottery and therefore not impacted by the annual cap. Cap-exempt H-1B visa holders and their families enjoy the same benefits as those subject to the lottery. The only cap-exempt employers are:

  • Non-profit institutions of higher education in the US (colleges and universities)
  • Non-profit entities affiliated with institutions of higher education
  • Non-profit or US government research organizations

Cap-exempt employers do not have to follow the same timeline as cap-subject employers, and cap-exempt petitions can be filed at any time of the year. Learn more about H-1B cap-exempt jobs from Interstride’s blog.