For U.S. employers in high-demand industries and foreign nationals seeking long-term employment in the United States, navigating the H-1B visa system can be challenging. With the H-1B lottery system capped at 85,000 visas per year and only a 20% to 30% success rate for applicants, securing a work visa through the lottery is far from guaranteed. Fortunately, there’s an alternative that offers more flexibility and certainty—the cap-exempt H-1B visa.

Why U.S. Employers Should Consider Cap-Exempt H-1B Visas

Employers in the U.S., particularly in fields such as technology, engineering, and healthcare, need access to global talent to stay competitive. The standard H-1B lottery, however, restricts their ability to hire qualified foreign professionals. With a cap-exempt H-1B visa, U.S. companies can hire foreign nationals without being subject to the constraints of the lottery system.

1. Bypass the Lottery

Unlike the regular H-1B visa, the cap-exempt H-1B visa allows employers to sponsor foreign talent at any time of the year. This visa is not bound by the annual numerical cap, which means there’s no need to wait for the lottery window or rely on chance. This flexibility gives companies the ability to hire the right talent when needed, without delay.

2. Reduce Financial Risks

Hiring delays and visa uncertainties can cost companies significant time and money. Replacing a high-skilled employee can cost up to 213% of their annual salary, while the H-1B lottery's uncertainty adds to this financial burden. With a cap-exempt H-1B visa, U.S. companies gain peace of mind by securing talent quickly and reducing the risk of losing key hires to immigration delays or unsuccessful visa petitions.

3. Stay Competitive in the Global Market

The ability to recruit and retain top-tier foreign talent gives U.S. companies a competitive advantage. Employers that can offer clear and reliable immigration pathways, such as the cap-exempt H-1B visa, are much more attractive to highly skilled foreign professionals. Moreover, with the ability to onboard these employees quickly—often within two to three months—companies can maintain momentum and meet business goals.

How Foreign Nationals Benefit from Cap-Exempt H-1B Visas

For foreign nationals, securing U.S. employment through the H-1B lottery can be stressful and uncertain. The cap-exempt H-1B visa provides a more predictable alternative, ensuring foreign professionals can continue working in the U.S. without having to rely on the lottery.

1. No Lottery, No Waiting

Perhaps the most significant benefit of a cap-exempt H-1B visa is that it bypasses the annual lottery altogether. Foreign nationals can apply year-round, without being subjected to numerical caps. This freedom allows individuals to plan their careers more confidently, knowing they won’t be left in limbo each spring waiting for the lottery results.

2. Concurrent Full-Time Employment

Cap-exempt H-1B visa holders can work part-time for a cap-exempt organization (such as a university or nonprofit) while holding full-time employment with another U.S. employer. This opens the door for foreign nationals to take advantage of full-time job offers while still benefiting from cap-exempt H-1B status.

3. Long-Term Stability

Foreign nationals nearing the expiration of their F-1 OPT, Day 1 CPT, or J-1 visa can seamlessly transition to a cap-exempt H-1B, ensuring continuous employment without the need to leave the country or risk visa expiration. This visa also allows for a longer duration of stay—up to six years, with possible extensions.

Comparing Cap-Exempt H-1B to Day 1 CPT and F-1 OPT

While Day 1 CPT and F-1 OPT provide temporary work authorizations for international students, these options have limitations. Day 1 CPT allows international students to work while studying, but it’s often a short-term solution with legal complexities that may affect future visa applications. Employers may also be hesitant to hire candidates on Day 1 CPT due to concerns over compliance.

F-1 OPT, on the other hand, allows international students to work in the U.S. for up to 12 months after graduation, with an extension of up to 36 months for STEM graduates. However, OPT has strict time limits, and when the OPT period ends, candidates must find alternative visa options, such as the H-1B lottery.

A cap-exempt H-1B visa offers a more permanent solution. It is not tied to academic enrollment and provides long-term work authorization that can last for years. Additionally, unlike F-1 OPT or Day 1 CPT, the cap-exempt H-1B is available year-round and doesn’t rely on the lottery, making it a more stable and reliable option for both foreign professionals and U.S. employers.

The Build Fellowship: The Leading Cap-Exempt H-1B Program

One of the most effective ways to access a cap-exempt H-1B visa is through the Build Fellowship. This program boasts a 99% approval rate on cap-exempt H-1B petitions and offers both U.S. employers and foreign nationals a streamlined solution to navigating U.S. immigration.

1. How the Build Fellowship Works

The Build Fellowship allows foreign professionals to work part-time in educational programming roles at U.S. universities and nonprofits. While holding these part-time positions, Build Fellows can also maintain full-time employment with U.S. companies. This dual employment structure ensures that Fellows benefit from a cap-exempt H-1B visa without affecting their primary employment.

2. Flexibility and Remote Work

Build Fellows work remotely for five hours per week, leading student workshops, developing career-building materials, and mentoring future talent. This ensures that their Fellowship work doesn’t interfere with their full-time job, offering maximum flexibility.

3. Minimal Costs and Fast Processing

The Build Fellowship is funded by sponsoring employers, with a one-time initiation fee and a monthly program fee that covers all immigration support and legal fees. With an approval process that typically takes six to eight weeks, this program provides a fast and effective solution for foreign nationals seeking U.S. work authorization.

FAQs About Cap-Exempt H-1B Visas

Q1: What is a cap-exempt H-1B visa?
A cap-exempt H-1B visa allows employers to sponsor foreign nationals for U.S. employment without being subject to the annual H-1B lottery or numerical cap. This visa can be applied for year-round.

Q2: Who qualifies for a cap-exempt H-1B visa?
Cap-exempt H-1B visas are available to foreign nationals working for or affiliated with cap-exempt organizations like universities and non-profits. Through programs like the Build Fellowship, individuals can work full-time for other employers while maintaining part-time roles at cap-exempt organizations.

Q3: How does the Build Fellowship's cap-exempt H-1B differ from the regular H-1B visa?
The Build Fellowship’s cap-exempt H-1B visa offers year-round availability and a 99% approval rate, unlike the regular H-1B visa, which is subject to the annual lottery and a numerical cap.

Q4: How does this compare to Day 1 CPT and F-1 OPT options?
Day 1 CPT and F-1 OPT offer temporary work authorizations tied to academic programs. However, they have time restrictions and are less stable than cap-exempt H-1B visas, which provide long-term work authorization without relying on a lottery.

Q5: Can I hold an H-1B cap-exempt visa and work for another company simultaneously?
Yes. The cap-exempt H-1B visa allows foreign nationals to work part-time for a cap-exempt organization and full-time for a U.S. company.

Learn More About the Cap-Exempt H-1B Visa Pathway

Cap-exempt H-1B visas provide a clear, reliable path for foreign nationals and U.S. employers to collaborate without the unpredictability of the lottery system. Programs like the Build Fellowship are leading the way in offering innovative solutions, allowing foreign talent to thrive and U.S. companies to stay competitive in a global market.

👉 Visit The Build Fellowship