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

Raghuram Sukumar H1B Visa 72 Comments

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.




  1. those are non profit H1Bs and cant be transferred to for profit H1B s , so even if you get this h1b it aint gona be of much use i feel.

    1. Author

      Don’t you think having a job. Is better than not having a job and going? What difference does it make if you have a job and working for a profit company or non profit organization?

        Can you please let me know if university of texas and dallas (UTD) comes in this non profit org.


  2. I hold a PhD degree fromm the University of London , have long experience in teaching & research in the sbject of Clinical Chemistry/ Chemical Pathology. Published Orignial Research papers , presented in international conferences. I was granted H1B visa , decieved & the events of 9 – 11 caused financial losses and returned back to Pakistan . Have been teaching in many medical colleges & local universities in Pakistan . Always interested in teaching & academic research. Had excellen appreciations by Senior Scientists & researchers.

  3. I am applying for teaching & research jobs in the subjects related to the field of Clinical Chemmistry/ Chemmicl Pathology, Molecular mechanismof diseases & treatment. Please guide me

  4. Thanks for providing the list of non-exempt h1b employers. I will send my resume to you. Please apply my resume and get a h1b.Last 2 years I am applying from India for all those jobs in USA for both profit and non-profit. Did not find any employer making a call to me in India or conducting interview. Looks like it is very difficult to get recruited to USA from India.In 98-2000 it was easy. There were plenty of employers from US who were conducting Walk-in interviews in Weekends in India. Now, such a situation is not there.

  5. Just wanted to clarify to the readers.

    This is a good option not only when the cap is full, but at any time of the year. You dont have to wait for a April 1st deadline to apply and wait until October to start working. With cap-exempt, you can pretty much apply anytime and if offered, can start working anytime since the employer can get your visa processed anytime of the year.

  6. can someone give the names of organisation which are cap exempt? there was one which is a women non profit organisation , but i am unable to recollect the name, can anyone help please .. thx

  7. Hi Raghu I have an approved petition selected in lottery in Aug 2008 valid until 2011. But I never went for visa so not used until now. I was reading in another forum that though I can’t go for visa now I can go with any other employer can file a petition under cap exempt until 6 years from last petition approval date. Please let me know if its true.

  8. Please let me know whether non-profit organizations such as Kaiser Foundation can apply for H1B. I can send my resume to you. You can get me an H1B. I already worked in USA for 8 yrs. Greencard has clearred I140 stage in 2008. Came for vacation in 2008. Thought that it would be easy to apply for an h1b from India. Does not appear so.So please suggest an effective solution to come back and work in USA immediately.

  9. Hello RaghuRam

    I had a approved H1B visa which was approved on 08/28/2012. But I


    ​​ was no
    stamped at all.
    Now i left the organisation and joined new company.
    I have checked with the old employer, currently visa petition is still valid.

    So my question is :

    1.Am i eligible for CAP-EXEMPT category ?
    2. What is process to claim H1B under CAP-EXEMPT category from the other company(not the one where petition was approved )

      1. Thank you so much Raghuram.
        But my worry is , I don’t have any documents regarding approved H1B with me (except application no,date of approval), Everything is with my old employer.
        so I hope my New employer can get all the details from previous employer. or please let me know is there any other thing i need to do to get the approved documents.
        Thank you.

        1. New employer will ask you to give the details. It’s not their job to get it from your old employer. But, some attorney will be able to apply just based on receipt number. But, from my experience, they typically ask for approval Notice (i-797 H1B approval notice)

          1. Hi Raghuram,

            Nice to see your responses. As continuation question of Anil, I don’t have Receipt case number of unused H1B petition. Now for reapplying, what information should I know if new employer files it again under Capex? As old employer won’t provide is there any way to get or know about i-797 H1B approval notice ourselves? Please suggest.

          2. Here’s my experience – Old Employer is supposed to provide. You can hire an attorney to file a request.

            Or I think you can file Freedom of Information Request with USCIS. takes about 8 months to get the approval notice.

          3. Thanks Raghuram. I might ask you some more questions on need basis. Please help.
            Regards, Srinivas

          4. Hello Raghuram,

            could you please provide me any attorney reference, since i will be coming to San Francisco next month and try to consult some attorney about my H1B case.
            Thanks for your help.

          5. How to get my approved petition documents/details from my old employer.

            You have already answered my other two questions,as per our above conversation i need to contact attorney so just checked with you for ref.
            thank you

      2. Is 6 years counted from expiry date or approval date of old H1B petition.

      3. Is 6 years counted from expiry date or approval date of old H1B petition.?

  10. Is it Boston university which is cap exempt? it says trustees of Boston uni but there is nothing as such in Boston. Raghu please calrify, i need to apply for some cap exempt as my H1B didnt get thru the lottery

  11. Hi Raghuram Sukumar,
    I started working at Salem International University, Can you let me know if this University falls under the exempt category.
    Thanks in advance !

  12. HI Raghu,
    Is it Boston university which is cap exempt? it says trustees of Boston uni but there is nothing as such in Boston. Raghu please calrify, i need to apply for some cap exempt as my H1B didnt get thru the lottery

      1. sorry but i think it wasnt me whom you replied to. I dont see any comment from you on my post

  13. HI RaghuRam,

    My fiancee works as a ASIC design Engineer in ARM Bangalore and am based out of US. Can he apply to any of these universities ? whats the procedure for the same. Do i have to directly contact these university website and check for options or will you be any help … pls let me know.

    Also, once you are on H1B – Cap non exempt, can i transfer it to usual H1B next year 2015, by finding an employer or do i need to go through a fresh applicant process.

    1. Anokhya, I have several articles that you can read to get educated about studying in USA. If you want laser sharp, step by step by step guide, you can join Premium Membership for Study in USA.

      H1B can be transferred to another employer. Once it’s counted under cap, you are good for 6 years or more.

  14. Hi, are museums also exempted since they are non-profit organizations ? Also can we get a visa anytime of the year or we have to start working in October anyways ? Thanks

  15. Hi, Raghuram Sukumar! Thank you so much for the information.

    I’ve been staying in the states for more than five years. I went to a college here and have a BA degree in Film & Media Studies. I also used to have OPT but it has expired. I have a friend who owns a registered non-profit production company and he wants to work with me. He has had a several interns but it is a quite small company. He also has been teaching a few community colleges and used to be a cinematography teach at USC. I don’t know if this case (my friend hiring me) can work for me to apply for H-1B visa. Is there any possibility? Thank you!

  16. Hi Raghuram, I wanted to know can we only work in the university as researchers, scientists or teachers? I wanted to work as a sustainability officers for these universities. Will I be eligible for a cap-exempt if I am doing such job?

    Also, can you give me some example of non-profit and government research organization that are entitled for cap exempt?


  17. My husband is a Windows – Senior system administrator in Hyderabad and just want to as to how can my husband approach these universities for a job in his domain for H1B cap exempt visa ?

    Guide me completely please…please…

  18. My husband is a Windows – Senior system administrator in Hyderabad and just want to as to how can my husband approach these universities for a job in his domain for H1B cap exempt visa ?

    Guide me completely please…please…

  19. Hello, does anyone know how long it takes for H1b to be approved when you are cap exempt? I received a job offer from an University and I was wondering what is the best case and worst case scenario as far as the timeline goes for the h1b under cap exemption. Thank you.

      1. Hi Raghuram,

        Been reading the comments in this forum and your replies. Thanks a bunch.
        My question is who sponsors for h1b cap exempt Visas?
        How can we reach them? Any contact details?


      2. Raghu,

        How much time does it take for the arranging the necessary documents followed by filing?


        1. Author

          Your question is not clear. Which stage are you talking about – before filing or after approval?

          1. Raghu,

            I am willing to know how long does it take for the documentation process before filing of H1B?


          2. Also after getting the H1B in hand when shall I be eligible to start work?

          3. Author

            Start Date will be listed in I-797 approval notice.

      3. Raghu,

        How much time does it take for arranging the necessary documents followed by filing?


  20. Does job in Emory University qualify under h1b cap exempt category?

  21. Hi Raghuram,

    I am on H4 visa and had tried for H1B this year but unfortunately did not get through the lottery. So am I eligible for H1B cap-exempt? I have 5 years of experience into the software industry. Do you have any idea about any organization who would process cap exempt H1B for my profile?


  22. Hi,
    I graduated a 4years Bachelor degree from University of Central Oklahoma. I am working as an unpaid intern for a non-profit company now under my OPT. My OPT will expire on March 2016. My company considers to sponsor me to let me continue to work for them in the future. I would like to ask how many kinds of sponsorship that my company can offer me, what documents that I and my company need to prepare for this process? My company is a small one, less than 15 employees and have never sponsored anyone so they do not have any experience about it.
    Thank you!

  23. Guys,

    I am currently on H1B CAP for profit company since last year. I am about to get an offer from Non-Profit org. But I am concerned that what will happen in future if I go back from Non-Profit to Profit org, How H1B transfer will take place under that situation ? Will that be required to go through H1B cap again ? or Will it be just a regular transfer ?

    Any advise is much appreciated. Thanks in advance.

  24. Hi Raghu,

    Are the other non-profit organizations such as child cares, family cares, etc. cap-exempt too??


    1. Author

      H1B is speciality occupation with 4 years degree. Child Care centers or such jobs will not qualify for H1B.

  25. Hi Raghuram,

    I am having h1 and I am trying for my husband. I am in India now. I was not able to open the video which you have provided for finding non profit org. Could you pls share the link again. Thanks in advance..

  26. Hi,
    I was in USA from 2012 till 2015 on H1B. My petition is expired and i am in INDIA now. Can you suggest if i am eligible for Cap exempt or should i look for an employer for H1B transfer by filing new petiotion.

  27. Hi,
    I am an Indian citizen living in New Jersey on H4 visa. I am an Economics graduate and did my masters in Business Economics from India in 2013. Recently I have done PMI-CAPM. I have no job experience till now.
    I applied for H1b last year, but didn’t get selected in the lottery. Then I came to know about H1b Cap exempt.

    My question is, am I eligible for H1b Cap exempt and how would i know about the other non-profit research organizations which are exempt from H1b cap other than universities? Is there any way to find the list of such organizations.

    I appreciate any kind of suggestions you can provide.

    Thank you and regards.

  28. Thanks for all your advice. My question goes; Can i apply and get sponsored by a non profit even after my OPT expires at the end of this month? i’m currently working full time but missed the deadline for my company to submit my H1b application.


  29. I want to work as a college lecturer immediately after completing my masters engineering degree. Do i have any scope for the cap exempt category?

  30. I am working for a cap exempt employer on H1 B VISA. Now, I got a good offer from a corporate company. So can you please let me know what are my current available options to join the new company immediately?

Leave a Comment - Your Thoughts Counts