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Cap-Exempt Employer Finder

Determine whether your employer might be exempt from the H-1B annual cap and lottery. Answer a few questions about your employer type, university affiliation, and research focus to get an assessment based on the INA 214(g)(5) cap-exemption criteria. Learn the benefits of cap-exemption and what to verify with your employer.

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Cap-Exempt Employer Finder
Check if your employer might be exempt from the H-1B lottery
This tool provides general guidance about H-1B cap-exemption, not legal advice. Cap-exemption determinations are fact-specific and depend on your employer's organizational structure, mission, and relationship with qualifying institutions. The standards under INA 214(g)(5) involve nuanced legal analysis. Always confirm cap-exemption status with your employer's HR department and a licensed US immigration attorney before relying on this assessment.
SECTION 01

How This Tool Works

Select your employer type and answer follow-up questions about university affiliation and research focus. The tool uses a decision tree based on the INA 214(g)(5) cap-exemption criteria to assess whether your employer is likely cap-exempt, possibly cap-exempt, or likely cap-subject. The result includes an explanation of the assessment, what to verify with your employer, and (for cap-exempt employers) the benefits of exemption.

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Cap-Exemption Criteria

Under INA 214(g)(5), four categories of employers are exempt from the H-1B cap: (A) institutions of higher education as defined by the Higher Education Act, (B) nonprofit entities related to or affiliated with such institutions, (C) nonprofit research organizations, and (D) governmental research organizations. For categories C and D, the entity must have research as its primary mission. This tool evaluates your employer against these specific statutory categories.

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SECTION 03

Tips for Using This Tool

1The most definitive way to know if your employer is cap-exempt is to ask the HR or immigration department directly. They should know their filing status.
2If your employer claims to be cap-exempt, ask which specific exemption basis applies. Understanding whether it is based on being a university, a university affiliate, or a research organization helps you assess the strength of the exemption.
3Moving from a cap-exempt employer to a cap-subject employer may require going through the H-1B lottery, so plan your career moves carefully.
4Even if your employer is cap-subject, you may still qualify for cap-exemption if you will physically work at a cap-exempt institution such as a university campus.
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Frequently Asked Questions

Cap-exempt means the employer is not subject to the annual H-1B visa cap of 65,000 (plus 20,000 for US advanced degree holders). Cap-exempt employers can file H-1B petitions at any time of year, without going through the lottery. There is no limit to the number of H-1B visas available for cap-exempt employers. This is a significant advantage because the H-1B lottery has become increasingly competitive, with hundreds of thousands of registrations each year.
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Legal Basis

Cap-exemption is defined in Section 214(g)(5) of the Immigration and Nationality Act (INA), codified at 8 USC 1184(g)(5). USCIS has provided guidance on cap-exemption in various policy memos and the USCIS Policy Manual. The determination of whether an entity qualifies as “related to or affiliated with” an institution of higher education involves a fact-specific analysis that USCIS adjudicators evaluate on a case-by-case basis. This tool provides general guidance based on the statutory categories.

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Cap-exemption is a legal determination that depends on your employer's specific organizational structure, mission, and affiliations. This tool provides general guidance based on the INA 214(g)(5) statutory categories but cannot make definitive legal determinations. University affiliations must be formal and documented. Research must be the primary mission, not merely an incidental activity. Always verify with your employer and consult a licensed immigration attorney.

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H-1B Sponsor SearchSearch 250K+ employers that sponsor H-1B visas.250K+ EMPLOYERSH-1B Lottery CalculatorEstimate your FY2027 lottery selection probability.FY2027Prevailing Wage LookupFind DOL prevailing wages for any job and location.INTERACTIVE TOOLH-1B Wage BenchmarkSee where your salary falls relative to H-1B wage levels.INTERACTIVE TOOLCompare EmployersCompare up to 3 H-1B, E-3, and H-1B1 sponsors side-by-side.INTERACTIVE TOOL
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H-1B Lottery GuideComplete guide to the H-1B lottery processWork Visas OverviewOverview of US work visa categoriesH-1B TransferHow to transfer your H-1B to a new employer
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