Cap-Exempt

<p><b>Cap-exempt</b> H-1Bs can be filed any time of year and aren't limited by the 85,000 annual quota.</p><p>Qualifying cases include jobs at:</p><ul><li>Institutions of higher education (and affiliated nonprofits)</li><li>Nonprofit research or governmental research organizations</li><li>Certain others described in INA 214(g)(5)</li></ul><p>Additionally, petitions for individuals who already hold H-1B status counted under the cap (transfers, extensions) are cap-exempt. Being cap-exempt means no lottery needed. For example, a university hiring an H-1B researcher can file immediately, even in December, for a start date in a few months.</p>