Cap-Exempt H-1B: How to Get a US Work Visa Without the Lottery
Universities, their affiliated nonprofits, research institutes, and national labs are exempt from the H-1B lottery. Here's how concurrent employment makes it work.
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H-1B visa news and rules: the fee proclamation and court challenges, the grace period after job loss, H-4 EAD for spouses, and H-1B compared with L-1 and O-1.
28 articles tagged H-1B Visa
Universities, their affiliated nonprofits, research institutes, and national labs are exempt from the H-1B lottery. Here's how concurrent employment makes it work.
Cloudera faces a 2-year PERM debarment and $3.4M in penalties, H1B extension processing hits 11.5 months, and the State Dept has revoked 300,000+ visas since 2025.
L-1, EB-1C, O-1, EB-1A, H-1B, and EB-3 compared: company and employee requirements, renewal limits, and the path from a work visa to a green card.
Travel without advance parole, a title change without Supplement J, a lapsed EAD, or a missed AR-11 can each quietly end a green card case in the queue.
Family categories F1-F4 advanced almost a year in November 2026. EB-2/EB-3 for India and China stay frozen. Plus H-1B deference repeal starting Nov 13.
DOL paused new PERM filings and pending cases at some employers on Oct 8, and USCIS ended the 540-day EAD auto-extension on Oct 30. Here's what changes.
The H-1B is a US nonimmigrant visa for specialty occupations, meaning jobs that require at least a bachelor's degree or its equivalent in a specific field. It is employer-sponsored: the employer first obtains a certified Labor Condition Application from the Department of Labor, then files Form I-129 with USCIS.
Most new petitions are subject to an annual cap and go through an electronic registration lottery, while universities and certain nonprofit and government research organizations are cap-exempt. Status is granted for up to three years at a time, generally with a six-year limit that can be extended for workers whose green card process has reached certain stages. Spouses and children under 21 hold H-4 status, and some H-4 spouses qualify for an EAD work permit.
The H-1B is often compared with the L-1, which covers transfers within one company group, requires a year of work abroad for an affiliated employer and involves no lottery. The H-4 EAD and the post-employment grace period rest on DHS regulations rather than statute, so they can be changed through the rulemaking process.