A new rule has broadened the definition of nonprofit and government research organizations for H-1B cap exemptions. Organizations no longer need to prove that research is their primary activity—only that it is a fundamental part of their operations. This makes it easier for more institutions to qualify for cap-exempt H-1B sponsorship, which would allow them to bypass the H-1B lottery and submit H-1B petitions at any time during the course of the year.

 

 

Previously, nonprofit and government research organizations had to show that research was their primary function. This strict requirement limited cap-exempt eligibility. The new rule allows organizations to qualify as long as research is a core activity, even if it is not their main function.

 

This change benefits nonprofit hospitals, universities, and other institutions that conduct research alongside education or healthcare services. More employers can now hire skilled foreign workers under H-1B cap-exempt status without relying on the lottery system.

 

If you are an employer or foreign worker exploring cap-exempt H-1B options, understanding these changes is important. Agarwal Law Group can help assess eligibility and guide you through the process. Schedule a consultation at 703-348-1663.