The short answer
Some employers do not count against the yearly H-1B cap, so they can file at any time without the lottery. These include universities and their related nonprofits, and nonprofit or government research organizations.
What to know
- Institutions of higher education and nonprofits tied to them.
- Nonprofit research organizations and government research organizations.
- Workers who were already counted against the cap in the last six years may also change jobs without a new cap number, in many cases.
- Not every job at these employers qualifies, so check with the employer.
For the exact rules, forms and fees, see USCIS.
Visa Status is an unofficial site. This is general information in plain words, not legal advice. Rules, fees and forms change, so check the official website and your own papers. Written October 2026.