To stay in the U.S. as an international student or non-domestic worker is not always an easy feat, and as a non-STEM major, the OPT (Optional Practical Training) period is a mere one year for those who are non-STEM majors. Most often, those who want to stay in the U.S. to forge a career path would seek employers that can sponsor their H-1B visas. The H-1B visa program allows U.S. employers to temporarily employ foreign workers in specialty occupations that require specialized knowledge and a bachelor’s degree or higher. The U.S. government places an annual cap on the number of new H-1B visas that can be issued, with a certain allocation for individuals with a U.S. master’s degree or higher.
Thus, for the savvy international student who is job hunting—especially those who are not eligible for the two year STEM-OPT extension (the non-STEM majors!), it would be wise to consider applying for positions with H-1B Cap Exempt Employers to increase their chances of getting an H-1B visa.
H-1B Cap Exempt Employers refer to organizations or institutions in the United States that are exempt from the annual numerical cap on H-1B visas. H-1B Cap Exempt Employers fall into several categories:
- Nonprofit Organizations: Institutions that are considered nonprofit entities, including universities, research organizations, and government research institutions, are generally cap exempt. This includes both public and private nonprofit entities.
- Higher Education Institutions: Universities and colleges, whether public or private, are typically cap exempt. This includes academic and administrative positions.
- Government Research Organizations: Federal, state, or local government research organizations, as well as certain affiliated entities, are also often cap exempt.
- Nonprofit Research Organizations: Certain nonprofit research organizations that are affiliated with institutions of higher education can also qualify for cap exemption. USCIS defines a non-profit research organization as one that is “primarily engaged in basic or applied research.” The most common not-for-profit institutions are colleges and universities affiliated with medical labs, research units, and hospitals.
- Cap Exempt Extensions and Transfers: Individuals who already have an H-1B visa and are transferring to a new employer that is cap exempt or are seeking an extension of their H-1B status with a cap exempt employer are not subject to the annual numerical cap.
H-1B Cap Exempt Employers are desirable for non-U.S. citizens for several reasons:
- No Lottery or Waiting for Cap: The H-1B visa program is highly competitive, and although the demand increases each year, the total number of H-1B visas issued each year remains steady. Cap exempt employers allow non-domestic workers to avoid the lottery process and the annual quota.
- Greater Job Security: H-1B workers employed by cap exempt organizations generally have greater job security since they are not affected by the cap and are not subject to the uncertainties of the annual lottery process which is completely out of anyone’s control.
- Easier Mobility: H-1B workers employed by cap exempt employers can change jobs more easily. They can transfer their H-1B visa to a new cap exempt employer without going through the H-1B cap process again.
- Stability for Research and Academia: Cap exempt employers are often research institutions and universities, allowing those interested in research, teaching, and academic growth to continue their work in the U.S. with less worry about their visa status. This is especially beneficial for professionals in fields such as science, technology, engineering, and mathematics (STEM), where continuation of research is integral to new discoveries and innovations.
- Salary: According to the DOL, the H-1B cap-exempt minimum wage is at least $60,000 in the calendar year. If the employer is also paying for benefits, they cannot be counted towards the $60,000. If the employee works full-time, but for less than a year, they must get a prorated share of the $60,000. This minimum salary does ensure that a person will be living significantly above the poverty line!
- Path to Green Card: Many cap exempt employers, especially universities and research institutions, have established pathways for foreign workers to transition from H-1B status to permanent residency (green card) due to their involvement in research and academia.
To find an H-1B Cap Exempt employer, download the FrogHire.ai Chrome extension. FrogHire.ai works across all five major job boards (e.g., Indeed and Handshake) allowing you to view sponsorship status for each position and it also has an H1B lottery free industries option so you can look solely at H-1B Cap Exempt positions. You will also be able to filter by industry, job title and location, allowing you to increase the efficiency of your job search—while also taking advantage of the option to have FrogHire.ai scan your resume and compare it to a job post, letting you know how much of a match you are for the position!
It is important to note that while cap exempt employers provide certain advantages, the H-1B program and immigration processes can still be complex. Since immigration laws and policies can change at any time, individuals seeking to work in the U.S. should always consult with legal experts or immigration professionals to ensure accurate and up-to-date information.
TLDR:
There are some highly desirable employers who are not subject to the H-1B lottery cap, which means you would have a great chance of obtaining an H-1B work visa to stay in the U.S. Look to Nonprofit Organizations, Higher Education Institutions, Government Research Organizations, and Nonprofit Research Organizations for such employment opportunities. Download the FrogHire.ai extension so you can solely focus on H1B lottery free industries while you job hunt!
