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.

Contact us here to arrange a consultation, to inquire about retaining us to handle your immigration matter, or simply to suggest topics you would like to see covered on our site.

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.