Cap-Exempt H-1B Visa in Fullerton: Work at Universities and Research Institutions
Avoiding the H-1B lottery through qualifying employers
Quick Answer
For professionals in Fullerton seeking H-1B status, cap-exempt employment offers a path to avoid the highly competitive lottery. Cal State Fullerton and other qualifying institutions can sponsor H-1B visas year-round without cap limitations.
Reviewed for accuracy by
Maria Santos
DOJ Accredited Representative • 15+ years experience
For professionals in Fullerton seeking H-1B status, cap-exempt employment offers a path to avoid the highly competitive lottery. Cal State Fullerton and other qualifying institutions can sponsor H-1B visas year-round without cap limitations.
What is Cap-Exempt H-1B?
Key Benefits:
• No lottery required
• Can be filed any time of year
• Employment can start immediately upon approval
• Unlimited number available
• Same H-1B rights and privileges
Qualifying Cap-Exempt Employers
- •Institutions of higher education (universities, colleges)
- •Related or affiliated nonprofit entities of universities
- •Nonprofit research organizations
- •Governmental research organizations
- •Teaching hospitals affiliated with universities
Fullerton Area Cap-Exempt Employers
Universities:
• California State University, Fullerton
• Chapman University (nearby Orange)
• UC Irvine (nearby Irvine)
Research Organizations:
• University-affiliated research centers
• Nonprofit research institutes
• Teaching hospitals with university affiliations
These institutions can petition for H-1B workers year-round.
Types of Cap-Exempt Positions
- •Faculty positions (professors, lecturers)
- •Research positions (scientists, researchers)
- •Administrative roles at qualifying institutions
- •IT and technical positions at universities
- •Medical positions at teaching hospitals
- •Librarians and academic staff
The 'Related or Affiliated' Exception
Criteria for Affiliation:
• Direct control by higher education institution
• Owned or operated by higher education institution
• Primary function supports educational mission
• Not just contract or funding relationship
This can include university foundations, research arms, and campus organizations.
Cap-Exempt vs Cap-Subject Employment
| Feature | Cap-Exempt | Cap-Subject |
|---|---|---|
| Lottery Required | No | Yes |
| Filing Time | Any time | April 1 only |
| Annual Limit | None | 85,000 |
| Start Date | Upon approval | October 1 |
| Employer Types | Limited | Any qualifying employer |
Concurrent Cap-Exempt Employment
How It Works:
• Can hold cap-exempt H-1B and work part-time for cap-subject employer
• Cap-subject employer must file their own petition
• That petition IS subject to cap/lottery
• Cap-exempt status doesn't transfer
This allows flexibility to maintain university position while working elsewhere.
Transitioning from Cap-Exempt to Cap-Subject
Important Rules:
• You become subject to the cap for new employment
• Must go through lottery if cap is reached
• Previous cap-exempt time doesn't count toward 6-year limit
• May need to leave U.S. if not selected in lottery
Plan carefully before leaving a cap-exempt position.
Fullerton Cap-Exempt H-1B Services
- •Cap-exempt employer verification
- •H-1B petition preparation and filing
- •University position qualification review
- •Concurrent employment petitions
- •Transition strategy consulting
- •Arabic-speaking support
FAQFrequently Asked Questions
Q:Does Cal State Fullerton sponsor cap-exempt H-1B visas?
A: Yes. As a public university and institution of higher education, Cal State Fullerton qualifies as a cap-exempt employer and can sponsor H-1B petitions year-round without lottery requirements.
Q:Can I work at a private company while on cap-exempt H-1B?
A: Yes, but the private company must file a separate H-1B petition for you. That petition would be subject to the cap and lottery. You can work for both once both petitions are approved.
Q:Is there a limit to how long I can work on cap-exempt H-1B?
A: Cap-exempt H-1B still follows the 6-year limit like regular H-1B. However, time spent in cap-exempt status counts the same as cap-subject time.
Q:What happens if I leave my university job?
A: You lose cap-exempt status. If you want to work for a cap-subject employer, you'll need to go through the lottery (if cap is reached) or work for another cap-exempt employer.
Q:Do nonprofit organizations always qualify as cap-exempt?
A: No. Only nonprofit RESEARCH organizations or those affiliated with universities qualify. A general nonprofit without research focus or university connection is cap-subject.
Interested in Cap-Exempt H-1B in Fullerton?
Our team helps professionals identify cap-exempt opportunities and navigate the petition process for university and research positions.
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