Cap-Exempt H-1B: A Guide for Healthcare Providers

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.
 

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)

• Year-round filing — no need to wait for the April lottery  
• Flexible start dates  
• Easier extensions and job changes within the cap-exempt system  

•  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  

 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