As H-1B lottery results leave employers searching for options to hire and maintain top global talent, we are increasingly introducing our clients to available cap-exempt H-1B pathways — many did not know they qualified or had relationships that enabled H-1B cap exempt solutions.
The result: many are now hiring international talent year-round, without lottery restrictions.
Who Qualifies for Cap-Exempt H-1Bs?
To qualify, the job may be by a cap-exempt organization:
1. Institutions of Higher Education
– Colleges and universities
2. Nonprofit Entities Related to or Affiliated With An Institution of Higher Education
– Includes hospitals, labs, and research centers
– Must have a formal written affiliation agreement
3. Nonprofit or Government Research Organizations
– Nonprofit research organization or a governmental research organization.
– Primarily engaged in research
– Can be standalone or affiliated
To qualify, the job may also be concurrent to cap-exempt employment:
4. Concurrent employment/”By” Model
– Any concurrent H-1B employment is permitted with cap exempt H-1B employment.
To qualify, the job may also be “at” a university:
5. “At” Employment/Collaboration
– Furthers the primary mission and purpose of an institution of higher education or other qualifying institution
– Performing activities for the majority of his or her time physically at the university or other qualifying institution
Key Advantages:
- No lottery or April deadlines
- Year-round filing and faster onboarding
- Full access to premium processing and green card sponsorship
- Ideal for candidates on STEM OPT or those who missed the cap
Next Steps:
Contact us to determine if your organization, affiliate, or hiring need qualifies for H-1B cap exemption — and how to structure a compliant cap-exempt H-1B strategy.
About Peter F. Asaad:
Peter F. Asaad, Esq. is a Partner at PLG with twenty years of experience in corporate immigration law. Specifically, he has substantial expertise addressing work authorization needs and corporate compliance, including hiring and retention under appropriate visa categories for employment in the U.S. to maintain work authorization, and I-9 compliance to stay clear of costly regulatory violations.
Mr. Asaad has extensive experience developing and managing corporate immigration programs for multinational companies. His background includes representing corporations to develop and manage streamlined H-1B, L-1A and other temporary work visas as well as permanent status through green card sponsorship while maintaining corporate compliance.
Mr. Asaad is sought out by organizations due to his reputation for proactive management, responsive communication, and his deep understanding of immigration law to ensure compliance and a streamlined process. Indeed, he has been recognized by the American Bar Association (ABA) “as one of the nation’s leading” attorneys in the field of immigration law and by the American Bar Foundation (ABF) as among the “top one-third of one percent” of the lawyers in Washington, DC. He is listed as a top Corporate Immigration Lawyer by Who’s Who, and ranked a top-rated AV lawyer by Martindale-Hubbell. He has also been recognized among Washingtonian Magazine’s “Top Lawyers” in immigration law for over a decade and listed in The Best Lawyers in America®: Immigration Law. Mr. Asaad is past president of the American Immigration Lawyers Association (AILA), DC Chapter, where he furthered the education needs of over 900 immigration lawyers. Prior to holding this position, Mr. Asaad served as Co-Chair of the American Bar Association (ABA) Immigration Litigation Committee for several years and served as Chair of the DC Bar Immigration & Human Rights Committee. Mr. Asaad developed and taught an advanced course on business immigration as Adjunct Law Professor at American University, Washington College of Law. Mr. Asaad is the architect of the IN2NYC program and former Special Counsel to New York City. On behalf of the Mayor of New York City and the New York City Economic Development Corporation (NYCEDC), in partnership with the City University of New York (CUNY) and New York University (NYU), he developed and launched IN2NYC, the first municipal visa program in the nation of its kind designed to help international entrepreneurs collaborate with universities to create jobs in the United States.
