Which employers are exempt from the H-1B cap?

Most employers are subject to the H-1B cap (annual quota of visa numbers available) when sponsoring someone for an initial H-1B visa. 

However, there are four categories that are cap exempt:

1. Institutions of higher education (colleges or universities)

2. Non-profit organizations affiliated with an institution of higher education (there are a variety of affiliations that would qualify, although most involve shared ownership or control)

3. Non-profit research organizations (basic research or applied research)

4. Government research organizations (defined as a U.S. government entity)

If you have any questions regarding H-1B sponsorship and/or whether your company or employer qualifies as H-1B cap exempt, please don’t hesitate to contact our office.

Tags: cap-exempt, college, H-1B, non-profit, university
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