Law Offices of Stuart J. Reich, PLLC

Practice Limited to Immigration & Nationality Law

11 Broadway, Suite 615
New York, NY 10004

(212) 430-6582 phone
(212) 430-6583 facsimile

Can I Get an H-IB After the Cap has Been Exhausted?

Q: Is there any way I can get an H-1B even after the cap has been exhausted (are there any exceptions to the H-1B cap)?

A: Yes, it is possible but it depends on your sponsoring employer.

Even if you are not a citizen of Chile or Singapore - countries with H-1Bs held aside for their citizens under treaty (these are technically H-1B1s), you can still get an H-1B if you get a job offer from an H-1B exempt employer.

However, the only exempt employers are:

  • Universities (institutions of higher education),
  • Non profit organizations which are affiliated with an institution of higher education, or
  • Non-profit or government research institutions.

Q: A nonprofit has offered me a job - is this enough for me to get a cap-exempt H-1B visa?

A: No. Just being a nonprofit isn't enough by itself for an employer to be H-1B cap-exempt. The non-profit must either be affiliated with an institution of higher education, or be a research institution in order to sponsor H-1B visas for employees which are exempt from the H-1B cap.



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The above is presented for informational purposes only, and does not constitute legal advice or create an attorney-client relationship with our firm. The information provided should not be used as guidance in pursuing an immigration matter absent consultation with a qualified immigration attorney.