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What are cap exempt H1B jobs

Updated: Aug 9, 2024



Cap-exempt H-1B jobs are positions with employers that are not subject to the annual H-1B visa cap set by USCIS. Typically, this cap limits the number of H-1B visas issued each year, but cap-exempt employers can hire foreign workers without these restrictions. Cap-exempt employers include institutions of higher education, nonprofit organizations affiliated with such institutions, nonprofit research organizations, and governmental research organizations. These employers can file H-1B petitions at any time of the year, offering greater flexibility for international employees.

 

How Do I Find Cap-Exempt H-1B Job Opportunities?

To find cap-exempt H-1B job opportunities, start by researching and identifying institutions of higher education, nonprofit organizations, and research institutions in your field of interest. University websites, academic job boards, and professional networks can be valuable resources. Additionally, specific job search platforms cater to international professionals seeking cap-exempt positions. Networking with professionals in academia and research fields can also uncover hidden opportunities. It's beneficial to target your job search towards organizations known for their cap-exempt status to increase your chances of securing a position.

 

What Are the Benefits of Working for a Cap-Exempt Employer?

Working for a cap-exempt employer offers several advantages. First and foremost, there is no need to worry about the annual H-1B visa lottery, as these employers are not subject to the cap. This provides a more predictable and secure pathway to obtaining an H-1B visa. Additionally, cap-exempt employers often engage in cutting-edge research and academic endeavors, providing unique professional development opportunities. Employees may benefit from working in intellectually stimulating environments with access to extensive resources and collaboration with leading experts in their fields. This can significantly enhance your career growth and expertise.

 

Can I Transfer from a Cap-Exempt H-1B to a Cap-Subject H-1B Later?

Yes, it is possible to transfer from a cap-exempt H-1B to a cap-subject H-1B. However, the transfer will be subject to the annual H-1B cap restrictions. This means you must go through the H-1B lottery process unless you transfer to another cap-exempt employer. If you secure an H-1B cap-subject position, your new employer must file a new H-1B petition on your behalf during the designated filing period. Once approved, you can transition from a cap-exempt to a cap-subject status. Planning this transition carefully and coordinating with both employers can help ensure a smooth process.

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