H-1B cap-exempt: the visa path most grads miss
Universities and research labs hire new grads on OPT, then sponsor your H-1B any month, with no lottery.
What “cap-exempt” means
Most companies can only hire you on an H-1B if you win a yearly lottery. Universities, university hospitals and nonprofit research labs are exempt from it by law. Here's the same new grad on each path:
At most companies
Google, Meta, banks and startups.
May
Graduate and start on OPT.
Next March
Your employer enters you in the H-1B lottery.
April
About 3 in 4 people aren’t picked. If that’s you, wait a year and try again while your OPT runs out.
October
If you’re picked, your H-1B finally starts, about 17 months after graduation.
At a cap-exempt employer
Harvard, Stanford, the Allen Institute for AI, and every employer on this page.
May
Graduate and start on OPT, as a research assistant, data analyst or program coordinator.
Any month
Your employer files your H-1B. No lottery, so there’s nothing to lose.
Once approved
You’re on an H-1B. No draw, no waiting for October.
After that
Build U.S. experience, then go after company roles without an OPT deadline over you.
Cap-exempt jobs
From universities, hospitals and research labs hiring now.
Which employers qualify
The law covers three kinds of employers. Size doesn't matter: a community college counts just as much as Princeton.
Universities and colleges
Any accredited U.S. college or university, public or private.
- Princeton, MIT, Stanford
- State universities
- Community colleges
Research institutes
Nonprofit and government organizations that do research.
- Broad Institute, Salk
- Allen Institute for AI
- National labs
University-affiliated nonprofits
Nonprofits formally tied to a university, most often hospitals.
- University hospitals
- Academic medical centers
- University research foundations
Common questions
I'm graduating soon. Can I apply on OPT?
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Yes. You start on OPT like at any employer, and they can file your H-1B whenever you're both ready, with no lottery. On STEM OPT, the employer has to be enrolled in E-Verify, which most universities are.
Do I still need a bachelor's degree?
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Yes. Cap-exempt skips the lottery, not the H-1B rules. You still need a bachelor's degree (or equivalent) related to the job.
Can I move to a regular company later?
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Yes, but a full-time move to a for-profit company usually means entering the lottery at that point. While you keep your cap-exempt job, a company can also hire you for a second job without the lottery. Check the details with an immigration attorney.
Does cap-exempt time count toward the 6-year H-1B limit?
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Yes, it counts like any other H-1B time. If your green card process is far enough along, you can extend past 6 years.
Are postdoc and research roles always cap-exempt?
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Usually, at universities, university hospitals and nonprofit research institutes. Ask the employer to confirm their cap-exempt status in writing before you rely on it.
Do cap-exempt jobs pay less?
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Often, compared with big tech. They still have to pay at least the government's prevailing wage for the role and city. You trade some salary for a visa that doesn't depend on luck.
I'm already on an H-1B at a company. Can I switch?
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Yes. A cap-exempt employer can file a transfer in any month, with no new lottery, and you keep your H-1B status.