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Cap-Exempt H-1B: A Guide for Healthcare Providers
What Is a Cap-Exempt H-1B and How Can Healthcare Providers Use It?
What Is a Cap-Exempt H-1B and How Can Healthcare Providers Use It?
What Is a Cap-Exempt H-1B and How Can Healthcare Providers Use It?
A cap-exempt H-1B is an H-1B visa that is not subject to the annual lottery and can be filed at any time of the year.. This is especially valuable for physicians who need quick placement or who missed the regular H-1B cap season.
Who Qualifies
What Is a Cap-Exempt H-1B and How Can Healthcare Providers Use It?
What Is a Cap-Exempt H-1B and How Can Healthcare Providers Use It?
You may be eligible for cap-exempt H-1B status if you work:
- For a nonprofit hospital affiliated with a university
- For a nonprofit or governmental research organization
- In a Conrad 30 waiver position (structured to maintain cap exemption)
BENEFITS
What Is a Cap-Exempt H-1B and How Can Healthcare Providers Use It?
LIMITATIONS
- Year-round filing — no need to wait for the April lottery
- Flexible start dates
- Easier extensions and job changes within the cap-exempt system
LIMITATIONS
Transitioning to Cap-Subject Roles
LIMITATIONS
- You may lose cap-exempt status if you leave your qualifying employer
- Moving to a cap-subject job later will generally require entering the lottery
Transitioning to Cap-Subject Roles
Transitioning to Cap-Subject Roles
Transitioning to Cap-Subject Roles
If you want to work in a private practice or for a non-qualifying hospital, you may need a “bridge” strategy:
- Maintain a concurrent cap-exempt H-1B while working part-time for the qualifying employer
- Time your cap-subject petition for the next lottery cycle while keeping lawful status
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DISCLAIMER: This website provides general information about immigration rules and eligibility. It is not legal advice, tax advice, or a substitute for individualized consultation. Immigration outcomes depend on your specific circumstances. For advice tailored to your case, schedule a consultation with Kennedy Law.
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