Does the H-1B apply to work at a nonprofit?

Yes. The H-1B is not limited to for-profit companies and can be used by nonprofit organizations to hire foreign professionals, provided the position qualifies as a specialty occupation — that is, an occupation requiring specialized knowledge typically associated with a bachelor’s degree or higher in a specific field, or its equivalent in experience.

Eligibility is determined by the nature of the role, not by the type of employer. The nonprofit must demonstrate that the position genuinely requires that level of specialization and that the organization is able to fulfill the employer obligations established under immigration law.

• The central criterion is whether the role qualifies as a specialty occupation, not whether the employer operates for profit.
• Certain nonprofit entities, such as those affiliated with universities or research institutions, may qualify as cap-exempt, meaning they fall outside the annual numerical count subject to the lottery.
• Being cap-exempt allows the organization to file a petition throughout the year, without depending on the lottery registration window.

Cap-exempt status is evaluated on a case-by-case basis and depends on the organization’s profile and its connection to the contracted activity. It is advisable to confirm the current requirements with USCIS and to assess your specific situation with a qualified specialist before filing.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.