Who is exempt from the H-1B cap?

An H-1B cap-exempt visa allows certain foreign workers to bypass the annual lottery for H-1B visas, primarily for positions at institutions of higher education, their nonprofit affiliates, or nonprofit/government research organizations, or for beneficiaries who have earned a U.S. master's degree or higher, offering year-round filing, faster hiring, and immediate eligibility for premium processing, according to USCIS and immigration law experts, Duane Morris LLP, NAFSA, Higher Ed Immigration Portal, and Potomac Law.

Who is exempt from H-1B cap?

An exempt H-1B nonimmigrant is an H-1B worker who meets one of the following statutory standards: Receives $60,000 annual wages; or. Has attained a master's or higher degree (or its equivalent) in a specialty related to the intended H-1B employment.

Who is exempt from H-1B data cap?

The advanced degree exemption is an exemption from the H-1B cap for beneficiaries who have earned a U.S. master's degree or higher and is available until the number of beneficiaries who are exempt on this basis exceeds 20,000. Congress set the current annual regular cap for the H-1B category at 65,000.

Who is exempted from the H-1B visa fee?

$100,000 fee does not apply if: The beneficiary already holds an H-1B visa or status. The petition was filed before September 21, 2025. The beneficiary receives approval of an H-1B petition filed as a change of status or amendment or extension of stay, even if filed on or after September 21, 2025.

Who is subject to the $100,000 fee?

The $100,000 fee applies to new H-1B visa petitions filed on or after September 21, 2025, for workers outside the U.S. who will enter the country under that petition (requiring consular processing), not those already in the U.S. seeking a change of status or extension, and not those with existing valid H-1B visas. This fee, a requirement of a Presidential Proclamation, targets employers bringing foreign nationals to the U.S. for specialty roles, but exceptions exist for national interest cases, though they are rare.
 

What Are H-1B Cap Exempt Employers? - US Citizenship Immigration Guide

What are the exceptions to H-1B 100K?

USCIS' guidance confirms that the $100,000 fee does not apply to any previously issued and currently valid H-1B visas or any petitions submitted prior to Sept. 21, 2025. Additionally, the $100,000 fee will not apply to filings occurring after Sept.

Who has to pay 100,000 dollars for an H-1B visa?

The $100,000 H-1B fee, implemented in late 2025, primarily targets U.S. employers filing new H-1B petitions for workers outside the U.S. who need to obtain an H-1B visa abroad, rather than those already in the U.S. for change of status or extensions, or for current H-1B holders. Employers filing for new hires from overseas, especially for roles where a U.S. worker isn't readily available, often face this fee as a significant cost to bring talent in, with limited exceptions possible, according to guidance from USCIS. 

What is the minimum salary for H-1B cap-exempt?

The H-1B nonimmigrant, whether full-time or part-time, must actually receive hourly wages or an annual salary totaling at least $60,000 in the calendar year. The salary must be paid “cash in hand” and “free and clear.” It must also be paid when due.

Was Sundar Pichai on the H-1B visa?

Google CEO Sundar Pichai noted, drawing from his own experience as a former H-1B visa holder, that immigrants have been instrumental in driving many of the company's major innovations.

Do F1 students need to pay 100K for H-1B?

No, typically an F-1 student changing to H-1B status while inside the U.S. (Change of Status) does not have to pay the new $100,000 fee, as USCIS clarified it primarily targets new petitions for workers entering from abroad or those found ineligible for change of status. The fee applies to new H-1B petitions filed from outside the U.S. (consular processing) or if a change of status is denied, requiring consular processing instead, but not standard F-1 to H-1B Change of Status requests. 

How long does it take to get H-1B cap exempt?

The approval process for an H1B cap-exempt visa can take anywhere from a few weeks to several months, so patience is key! If you are in the US, you can usually start working once the application is approved.

What is the 3 for 1 rule for H-1B?

The H-1B "3 for 1 rule" allows individuals without a bachelor's degree to substitute three years of relevant, progressively responsible work experience or specialized training for one year of college education, helping them meet the educational requirements for a specialty occupation H-1B visa. This rule, codified in USCIS regulations (8 C.F.R. §214.2(h)(4)(iii)(D)(5)), requires extensive documentation proving the experience involved theoretical and practical application of specialized knowledge, often with peers holding degrees, and is used to demonstrate the equivalent of the required bachelor's degree or higher, say immigration experts. 

Does Chick-fil-A sponsor H-1B?

Does Chick-fil-A provide sponsorship for employment visa status? (e.g. H-1B visa status) No. Unfortunately, we are unable to provide assistance with sponsorship at this time.

How to find H-1B cap exempt jobs?

How Can I Find Cap-Exempt Employers and Positions?

1. H1B.io has a helpful list of cap exempt employers.
2. higheredjobs.com features extensive job postings with higher education institutions.
3. Idealist.org and Guidestar.org include databases of non-profit institutions, some of which may hire H-1B workers.

Are nurses H-1B cap exempt?

Cap-exempt employers: Nurses working for universities, nonprofit research institutions, or government research organizations may be exempt from the H-1B visa cap.

What is the difference between H-1B and H-1B cap?

The H-1B is a nonimmigrant status that permits temporary employment in "specialty occupations" . Many H-1B petitions are subject to a "Cap". The cap refers to the limit of H-1B visas allowed per federal fiscal year (FY). A fiscal year begins on October 1st and ends on September 30th of the following year.

Who hires the most H-1B visas?

In FY 2025, Amazon had the most approved H-1B petitions for continuing employment, with 14,532, followed by TCS (5,293), Microsoft (4,863), Meta Platforms (4,740), Apple (4,610) and Google (4,509).

Is Satya Nadella on H-1B?

Satya Nadella, the current CEO of Microsoft, entered the US in the 1990s on an H1-B visa. The current market value is around $3.822 trillion as of October 2025, making it the world's second-most valuable company.

Will Amazon sponsor H-1B?

Amazon was the biggest sponsor of H-1B workers for fiscal year 2025, employing over 10,000 people with the visa, followed by other household names like Microsoft, Meta, Apple, Google, Cognizant Technology Solutions, JPMorgan Chase, and Walmart.

How do I know if my H-1B is cap exempt?

To qualify for the exemption, the H-1B beneficiary must spend at least half of their work time performing job duties at a cap-exempt entity, which includes higher education institutions, nonprofit research organizations and government research entities.

Who has to pay $100,000 for an H-1B visa?

Practically speaking, this fee only applies to employers who use an H-1B visa petition to bring a foreign national to the United States. Current employers of H-1 workers who wish to continue to employ this worker need not worry about this fee, and can instead file an extension of status petition.

Is the H-1B still a lottery?

The Department of Homeland Security Dec. 23 finalized its proposal to amend the H-1B visa petition and registration process. The final rule implements a weighted selection process for the H-1B lottery — replacing the former random selection — by prioritizing H-1B visas for higher-paid workers.

How much did Trump charge for H-1B visa?

Washington sues over Trump administration's unlawful new $100K fee for H-1B visa. Attorney General Nick Brown on Friday joined a coalition of 20 states in suing the Trump administration over its unlawful policy imposing a $100,000 fee on new H-1B visa petitions.

Which country gets the most H-1B visas?

India has the most H-1B visa holders by a significant margin, accounting for roughly 70-75% of all approved H-1B visas in recent fiscal years (FY 2023-2024), followed distantly by China, which consistently ranks second. This dominance reflects India's large pool of STEM graduates and its deep integration into the U.S. tech talent pipeline, with many H-1B workers employed in computer-related fields. 

Will there be a second H-1B lottery in 2026?

No, there will not be a second H-1B lottery for Fiscal Year 2026 (FY2026) because U.S. Citizenship and Immigration Services (USCIS) received enough petitions after the initial lottery to meet the annual cap of 85,000 visas, a decision announced in July 2025. While previous years often saw multiple rounds due to lower filing rates, the high number of filings from the first selection for FY2026 eliminated the need for additional lotteries.