Published: December 1, 2025
The US Citizenship and Immigration Services (USCIS) has employed a lottery system to select petitions subject to the yearly limit they will accept for processing. USCIS identified 118,660 unique beneficiaries for the FY 2026 H-1B cap. However, due to multiple registrations, the initial selection reached 120,141.
Consistent with trends in most years, petitions have exceeded the annual cap of 65,000 new H-1B visas for FY 2026. That means you can no longer file for additional cap-subject H-1B
petitions until the next registration opens in early 2026.
You can secure an H-1B visa without entering the annual lottery, but under specific circumstances. In this post, we’ll explore the alternative pathway to live and work in the US through a cap-exempt H-1B visa.
How the Cap-Exempt H-1B Visa Works
Only those selected registrants can proceed with filing an H-1B petition. The upside is that some H-1B petitions are not subject to the regular cap, meaning you can bypass the annual lottery and obtain an H-1B visa at any time of the year. However, that’s only possible if you work for employers who are eligible for the cap exemption, such as the following:
- Accredited US colleges and universities
- Nonprofit entities connected to or associated with higher education institutions
- Nonprofit organizations that conduct scientific or medical research
- Federal, state, or local government research organizations
Essential Considerations for the H-1B Cap Exemption
Although it doesn’t subject you to the random selection process, approval for the cap-exempt H-1B visa depends entirely on your qualifications. Like the regular H-1B visa, the cap-exempt H-1B visa enables you to work legally in a specialty occupation.
It’s essential to note that employment in a cap-exempt organization doesn’t automatically guarantee H-1B eligibility. Your job duties must directly support the cap-exempt employer’s mission or activities as the USCIS requires.
Additionally, USCIS expects clear documentation demonstrating the employer’s status and beneficiary role. Failure to provide solid evidence may prompt the USCIS to issue a request for evidence or a notice of denial.
Seek Legal Support Throughout the H-1B Petition Process
H-1B cap-exemption is an alternative pathway for living and working in the US without the restriction of the annual lottery system. Like any other H-1B petition, proper filing and compliance with immigration laws are imperative to increase your approval chances.
With the legal support of an experienced Los Angeles immigration lawyer, you can prepare a well-supported case, ensure that you meet the qualification requirements, and respond to requests from the USCIS. Contact ALG Lawyers to guide you every step of the way, from assessing eligibility to getting visa approval and starting the program.
FAQs on Securing an H-1B Visa Without Entering the Annual Lottery
Can you file an H-1B application without an existing or prospective employer?
Employer sponsorship is necessary to apply for an H-1B visa. This means you cannot self-petition or file an H-1B application on your own. You must have a US employer file the petition with USCIS on your behalf.
Does an H-1B cap-exempt visa permit you to work for an additional employer?
Concurrent employment allows a H-1B cap-exempt visa holder to work for an additional employer. But since the H-1B visa is employer-specific, each employer must file a separate H-1B petition for the beneficiary.
Is premium processing a viable option for H-1B cap-exempt cases?
Yes. Premium processing is a viable option for H-1B cap-exempt cases. You can request it when you file your application or after you receive the receipt notice. Expect the SCIS to take one of the following actions within the 15-day premium processing period:
- Grant the petition
- Issue a notice of denial
- Send a notice of intent to deny (NOID)
- Notify you with a request for evidence (RFE)
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)