For professionals with a specialty occupation and a sponsor company that is deemed cap exempt.


  • Same criteria for an H-1B visa apply, See H-1B Qualifications
  • Foreign nationals must be employed by, or located at, a cap-exempt organization. There are 4 types of cap-exempt organizations: universities, non-profits affiliated with a university, non-profit research organizations, or government research organizations


  • Average USCIS processing time: 4-6 months, 2 weeks with premium processing if no Request for Evidence is issued (It may take 7-10 days to prepare the paperwork for filing)
  • Not subject to the annual lottery
  • Can be filed immediately, at any time of year
  • H-1Bs are filed for 3 years extendable up to 6 years.

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Cap-Exempt H-1B Visa

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