What is a ‘cap exempt employer change’?

A ‘cap exempt employer change’ is when an H-1B professional moves from one employer that is exempt from the annual cap to another employer that is also exempt. Certain types of institutions qualify for this exemption, such as universities, nonprofit research organizations, and certain government-related entities.

The practical benefit is that transfers between cap-exempt employers typically do not require going through the lottery that applies when moving to a cap-subject employer. This tends to make job changes simpler for professionals working at these types of institutions.

• Involves employers that are exempt from the H-1B annual cap.
• Generally does not require the lottery when transferring between exempt employers.
• All other H-1B eligibility requirements still apply.

Even with the more straightforward path regarding the cap, all H-1B requirements remain in force. It is worth confirming the current rules with USCIS or a qualified specialist before formalizing any change.

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Victoria Harper

Editor-in-Chief

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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.