H1B Cap Exempt Employers : How to Get H1B Visa After Quota is Full

A couple of the most frequently asked questions  about the H1B Visa Cap are – Who are H1B Cap exempt employers  and How to get an H1B Visa after the H1B Cap is full?

As we know, the H1B Visa cap is limited ( 85,000) for Cap Subject Employers. If you miss the H1b Filing season window and the cap is reached, then you have to wait for one more year to apply for an H1B Visa.

But, most people don’t know about another category of the H1B Visa which is available for certain type of employers which are not subject to cap restrictions.  Those employers are called H1B Cap Exempt employers.

Watch the following video to learn how to get an H1B Visa after the Cap is reached.

Get H1B After Cap is Reached

 

Video Transcript

Raghuram Sukumar: Are any employers exempted from H1B cap?

Murali Bashyam: Yes. Basically, most employers are subject to that cap, but there are employers who are exempted from the H1B cap, and those employers are college and universities. They know where they hire researchers, and scientists, and teachers.

They can basically file an H1B anytime they want even if the cap has run out. Other exempted employers are non-profit entities that are affiliated with colleges and universities, and government non-profit research organizations.

Now, one important thing about the affiliated with the college or university is you might have a private employer wanting to file an H1B for you, which is not a non-profit government research organization or a college or university.

But it might have an agreement with the college or university wherein the worker will actually work at that college or university based on a project. If you have a private employer who’s going to hire you for H1B status but you’re actually going to be placed at a college or university based on a contract for performance of services, then actually, that private employer would be affiliated with that college or university and exempts them. They can apply for H1B even if the cap has expired for the year.

H1B Cap Exempt Employers List

Here’s a sample list of H-1B Cap exempt employers:

  • University Of Utah
  • Case Western Reserve University
  • Case Western Reserve University
  • Indiana University
  • Indiana University
  • Oak Ridge Associated Universities
  • Purdue University
  • Purdue University
  • Temple University–a Commonwealth University
  • Texas A&m University
  • The Curators Of The University Of Missouri
  • The Curators Of The University Of Missouri
  • The Pennsylvania State University
  • The University Of Georgia
  • The University Of Houston
  • The University Of Southern California
  • The University Of Southern California
  • Trustees Of Boston University
  • University Of California, Berkeley
  • University Of California, San Diego
  • University Of California, San Diego
  • University Of Illinois
  • University Of Maryland Baltimore
  • University Of Maryland Baltimore
  • University Of Miami-miller School Of Medicine
  • University Of North Carolina At Chapel Hill
  • University Of Rochester
  • Vanderbilt University
  • Virginia Polytechnic Institute & State University

As you can see, only universities are listed. There are several other non-profit companies as well (not included in the list). If you don’t get selected in the lottery, now you know where to look for jobs.