H1-B Cap-Exempt Employer Eligibility Calculator

The H1-B visa has a 65,000 annual cap (plus 20,000 for advanced-degree holders) that's now allocated by a random lottery with 20-30% odds. BUT cap-exempt employers (universities, nonprofit research, government, affiliated hospitals) can file H1-B petitions ANY time of year with no quota and no lottery. Working at a cap-exempt employer is the fastest legal path to H1-B status.

Who's Cap-Exempt

Per INA §214(g)(5): (1) institutions of higher education, (2) nonprofit entities related to or affiliated with universities (university hospitals, research foundations), (3) nonprofit research organizations (501(c)(3)), (4) government research organizations. Examples: Stanford University, MIT, NIH, NASA, Mayo Clinic (university-affiliated), Memorial Sloan Kettering, Vanderbilt University Medical Center.

Concurrent H1-B Strategy

You can hold cap-exempt H1-B at your primary employer AND a part-time cap-subject H1-B at another company — without going through the lottery for the second. Working part-time at a university while doing main work at a startup is a common path. USCIS approves these dual employments under Concurrent H1-B Petition.

What Happens If You Switch

If you switch from cap-exempt to cap-subject employer, you become subject to the lottery on the new petition. Some loopholes: (1) USCIS will count you against an unused cap number if you previously held cap-subject H1-B before becoming cap-exempt. (2) Once you're 'counted' against the cap, you can transfer to any employer without lottery for the remaining 6-year period.

Last updated May 2026. Sources: USCIS H-1B Cap Season, USCIS Policy Manual.