The H-1B Lottery: A Brief Overview of Cap-Subject and Cap-Exempt Employers

This resource provides an overview of the H-1B lottery process for cap-subject employers and the alternative cap-exempt H-1B petitions. It explains how most employers must enter an annual lottery to sponsor H-1B employees, and how cap-exempt employers — such as universities, research institutions, and certain nonprofits — can bypass the lottery and file H-1B petitions at any time.

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