Good News for International Workers: Cap-Exempt H-1B Visa Just Got Easier
Recent updates to the cap-exempt H-1B visa process are making it easier for international workers and students to live and work in the United States — without the stress of the lottery. Unlike traditional H-1Bs, cap-exempt H-1B visas are not subject to the annual cap or lottery system.
What Is a Cap-Exempt H-1B Visa?
Not all H-1B visas are created equal.
Cap-exempt H-1B visas are available to employees of specific types of organizations — including nonprofit colleges, universities, teaching hospitals, and certain research institutions. These employers are not limited by the annual 85,000 visa cap and can submit H-1B petitions year-round.
Employers must still meet standard requirements, including offering a minimum salary of $60,000 and maintaining proper wage and employment conditions.
Why Cap-Exempt H-1Bs Matter for International Students and Workers
The cap-exempt H-1B visa offers a more stable, accessible route to employment in the U.S. for individuals on F-1 OPT, Day 1 CPT, or other temporary statuses. Because these visas avoid the lottery, they provide a year-round opportunity for job placement and sponsorship.
Key benefits include:
- No need to enter the H-1B lottery
- More flexible filing timeline
- Greater employer eligibility following the 2024 rule change
What Changed in 2024? DHS Expands Cap-Exempt Eligibility
On December 17, 2024, the Department of Homeland Security finalized a rule expanding and clarifying who qualifies as a cap-exempt H-1B employer.
Key Updates Include:
- Expanded Definition of Qualifying Employers
Organizations where research is a fundamental activity — even if not their primary mission — may now qualify. - Project-Based Eligibility
Workers spending at least 50% of their time on qualifying research or educational projects may now be eligible for cap exemption. - Clearer Proof Requirements
Employers must demonstrate that the employee’s work directly supports their research or education mission — rather than offering only administrative or indirect support.
Why This Matters for International Students
These changes open new doors for students on F-1 visas or CPT who may otherwise struggle to find H-1B sponsors in the lottery cycle.
With more cap-exempt H-1B employers now eligible:
- There are more opportunities to secure sponsorship
- You can avoid the lottery entirely
- You gain the ability to file at any time of year
For international students nearing the end of their status, the cap-exempt route can be a game-changing pathway to long-term employment in the U.S.
Is Your Employer Cap-Exempt? Find Out Now
If you’re wondering whether your job offer qualifies under the updated cap-exempt H-1B visa rules, it’s best to speak with an experienced immigration attorney.
Shepelsky Law Group has helped thousands of students, researchers, and professionals secure H-1B sponsorship — both cap-subject and cap-exempt. Contact us today to explore your options and avoid unnecessary delays.