What companies don’t fall under the H-1B cap or are cap exempt?

Nonprofit higher education institutions, affiliates, and government research organizations are exempt from the H-1B visa cap.  To qualify as an H-1B cap-exempt nonprofit or government research organization, the organization must meet the definition of a nonprofit entity and its requirements.  The organization can be connected or affiliated with an institution of higher learning via shared ownership or control by the same board.

If you are interested in roles like data analysis, project management, or instructional design, this type of organization gives you a better chance of success of obtaining an H-1B visa.  These roles meet the standard for a specialty occupation and are less well-known than the typical multinational companies that international students seek.  The organization can apply for the visa without worrying about meeting deadlines associated with the H-1B lottery, which has occurred for the last ten years.

To identify these organizations, look for their primary objective: conduct behavioral and social science research to solve urgent challenges in the U.S. and worldwide.  The difference between the two is semantics.  A government research organization performs research on behalf of a government agency.  It is vital to remember that the organization must be nonprofit.  You can usually identify these by their website with the string “.org” or “.edu” You should double-check this information through the Internal Revenue Service.

Due to access to government funding, many of the non-cap research organizations are headquartered or have offices in Washington, D.C.  Examples of non-cap organizations. include the following:

1. American Institutes of Research
2. FHI 360
3. RTI International
4. Mathematica
5. Westat
6. Pew Research Center
7. The Brookings Institution
8. Council on Foreign Relations
9. Center for Strategic & International Studies
10. The Aspen Institute

Resources:

Tax Exempt Organization Search | Internal Revenue Service (irs.gov)

Home – Governmental Research Association (graonline.org)

Check your university or local library for free access to Guidestar and search for NTEE code V20 Social Science Research Organizations.