How to Find a Cap-Exempt H-1B Job

USCIS has reached the congressionally mandated H-1B cap for fiscal year 2017 on April 7. However, USCIS will continue to accept and process petitions that are otherwise exempt from the cap. 

Petitions for new H-1B employment are exempt from the annual cap if the beneficiaries will work at

• Institutions of higher education


• Non-profit entities related or affiliated to a higher education institution


• Non-profit research organizations or governmental research organizations


• Organizations that require the H-1B employee to work at one of the above three categories of employers

Petitions filed on behalf of current or former H-1B workers who have been counted previously against the cap, and who still retain their cap number, also do not count toward the cap. Accordingly, USCIS will continue to process fiscal year 2016 and 2017 petitions filed to:

• Extend the amount of time a current H-1B worker may remain in the United States.


• Change the terms of employment for current H-1B workers.


• Allow current H-1B workers to change employers.


• Allow current H-1B workers to work concurrently in a second H-1B position.


• Allow recapture of the time that H-1B workers spent outside the U.S.


• Change status back to H-1B from other status like H-4 or F-1.