I’d like to know what it means that H-1B isn’t subject to the cap and numerical limits.
I’m planning to get a job on OPT and I have questions about the H-1B cap. I’ve heard that working at a nonprofit organization means you’re not subject to the work-visa numerical cap.
Is that correct? I’d like to know exactly what it means to not be subject to the numerical limit. If there’s no numerical limit, does that mean filing is possible anytime, not just starting in April?
Employers exempt from the H-1B numerical cap generally include public or nonprofit universities, nonprofit research organizations, government-affiliated research organizations, and similar entities. Each organization’s exact definition is spelled out in detail in the regulations — simply being a “nonprofit” organization alone doesn’t automatically qualify. So once an employer is identified, you’d need to review that specific employer’s actual documentation to determine which qualifying category, if any, they fall under.
Being exempt from the numerical cap means you can file at any time, independent of the regular cap allotted for advanced-degree holders in the U.S.