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Can a cap-exempt employer hire me on H-1B without the lottery?

Yes. Petitions filed by institutions of higher education, their affiliated or related nonprofit entities, nonprofit research organizations, and governmental research organizations are exempt from the annual H-1B cap, so they do not go through the lottery and can file at any time of year. If you later move to a cap-subject employer, that new petition would normally be subject to the cap and lottery. This pathway is common for university, hospital, and research-institute roles.

Watch out

Cap-exempt status attaches to the qualifying employer and role; switching to a cap-subject employer generally requires a new, cap-subject (lottery) petition.

Source: USCIS, H-1B Cap Season

Informational, not legal advice. Immigration rules change and individual cases differ. Confirm anything that affects your status with your school’s DSO or an immigration attorney before acting.

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More on h-1b & the lottery

YesCan I register for the H-1B lottery with more than one employer?Usually yesDoes a US master's degree improve my H-1B lottery odds?YesCan I keep working after OPT ends if my H-1B is selected (cap-gap)?It dependsCan I stay in the US if I am not selected in the H-1B lottery?

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