January 15

H-1B Cap Exempt Candidates

Much of the anxiety surrounding filing for an H-1B visa stems from the cap on H-1B visas. Most people are aware that the general cap on H-1Bs is set at 65,000 annually with an additional 20,000 visas available for foreign nationals who hold a U.S. master’s degree.

There are, however, several other instances in which the cap does not apply. These circumstances are known as cap exempt. Selecting a candidate who qualifies as cap exempt can ease the difficulty of obtaining an H-1B visa for an employee.

Exempt candidates can also include those in the following categories.

Domestic candidates who have already counted against the H-1B Cap

The H-1B cap is for new employment only. If a candidate living in the U.S. has counted against the H-1B cap in the last 6 years, they will not be counted a second time.

Even if the cap has been reached, the candidate’s status can be amended, extended, or changed during this time period. Changes may include moving employers or beginning to concurrently work in another H-1B position.

Candidates living abroad who have previously been granted H-1B status

If a candidate was granted H-1B nonimmigrant status within the past 6 years and is currently living abroad, they are not subject to the cap and may enter the US on their H-1B for the remaining portion of their six years.

Students in F-1 status

Applies to Students currently in F-1 status who have completed a STEM degree and been approved for a post-completion OPT period.

These students are eligible to apply for a 17 month extension of the OPT for a total of 29 months in OPT. If the H-1B cap is reached before the employer files a petition, the student can utilize the 17-month extension to remain in the U.S. until the beginning of the next H-1B filing period.

Beneficiaries who have received employment offers at institutions of higher education

This includes not only those organizations defined by federal regulation as institutions of higher education but also any related or affiliated nonprofit entities, nonprofit research organizations, and/or governmental research organizations.

Spouse and children of H-1B beneficiaries

The legal spouse and any minor children (unmarried and under the age of 21) do not count against the cap.

Some Applicants from Chile & Singapore

Also related to the cap is a special trade agreement between Chile and Singapore. Chile will receive a maximum of 1,400 H-1B visas while Singapore while receive 5,400.

These visas are subtracted from the overall cap on H-1B visas. If they are not utilized, they are added to the cap between October 1 and November 15 of the following fiscal year.

Exempt & Nonexempt employment status

Lastly if an H-1B beneficiary is concurrently employed with both an exempt and a nonexempt employer, they will not be counted against the H-1B cap.

Utilizing cap-exempt candidates can help employers fill critical positions within their organization with H-1B workers without being overly constrained by the standard H-1B cap.

 Main Benefits:

  • Strategic Immigration Insights
    The newsletter provides subscribers with valuable immigration strategies tailored to meet individual needs.
  • Updates on Immigration 
    Receive regular updates through the newsletter can be crucial.
  • Access to Expert Advice
    This direct access to professional insights can be invaluable for those navigating the immigration system.
  • Success Stories and Testimonials
    These stories can be inspiring and informative, providing practical insights.
  • Exclusive Offers and Promotions
    Subscribers get exclusive discounts, like 50% off for filling out a form.

Recent Immigration Articles

Check out these articles below

H-1B Visa in 2025 – Complete Guide for Workers & Employers

I. IntroductionThe H-1B visa is a nonimmigrant visa that allows U.S. companies to employ foreign workers in specialty occupations. In 2025, it remains one of the most sought-after work visas due to its dual intent nature and potential pathway to permanent residency. However, recent administrative changes have made the process more cautious, especially for smaller

Read More

H-1B Lottery 2025 Latest News

The H1B visa program is a critical pathway for foreign professionals seeking to work in the United States. It’s a topic of interest not only for potential applicants but also for employers, immigration attorneys, and HR professionals. The H1B lottery system, in particular, garners significant attention each year. It’s a process that determines who gets a

Read More

USCIS Visa Trends: In-Depth Look at EB-1 and K-1 Petitions

EB-1 (Employment-Based First Preference)Recent USCIS data reveals a substantial increase in employment-based first-preference (EB-1) petitions during Fiscal Year (FY) 2023. USCIS received 36,978 EB-1 petitions in FY2023, significantly up from 25,892 petitions in FY2022. Of these, 24,253 were approved, and 2,623 denied, leaving the rest pending or classified under other statuses. The approval rate thus

Read More

DV-2026 Diversity Visa Lottery: Global Trends, Regional Insights, and Future Implications

DV-2026 Diversity Visa Lottery Results The FY2026 Diversity Visa (DV) lottery results, announced on May 3, 2025, continue long-term patterns in which Africa and Europe account for the bulk of selectees. While official aggregate breakdowns for DV-2026 are still forthcoming, historical data provides clear guidance. In FY2025 (DV-2025), the State Department registered approximately 131,060 selectees (including

Read More