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Costa Mesa is home to numerous cap-exempt institutions that can sponsor H-1B work visas without being subject to the annual 85,000 visa cap. For Arab professionals in Costa Mesa and surrounding Orange County communities, these employers offer a reliable pathway to work authorization in the United States. SoCal Immigration Services helps Arab professionals identify and secure positions with cap-exempt employers throughout Costa Mesa.

Reviewed for accuracy by

Maria Santos

DOJ Accredited Representative • 15+ years experience

What Are H-1B Cap Exempt Employers?

H-1B cap exempt employers are organizations that can petition for H-1B workers at any time during the year without being subject to the annual H-1B visa cap of 65,000 regular slots plus 20,000 master's degree slots. In fiscal year 2025, USCIS received over 780,000 H-1B registrations for just 85,000 available slots, making the lottery selection rate approximately 11%. Cap-exempt employers bypass this lottery entirely, providing a direct path to H-1B approval.

•Institutions of higher education (universities and colleges)
•Nonprofit organizations affiliated with institutions of higher education
•Nonprofit research organizations
•Government research organizations
•Hospitals and medical centers with teaching affiliations
•Primary and secondary education institutions in some cases

Cap Exempt Employers Near Costa Mesa

Costa Mesa and the surrounding Orange County area offer numerous cap-exempt employment opportunities for qualified Arab professionals:

Employer	Type	Common H-1B Positions
Vanguard University	Higher Education	Faculty, researchers, academic staff
UC Irvine (nearby)	Public University	Professors, postdocs, research scientists
Hoag Memorial Hospital	Nonprofit Hospital	Physicians, specialists, researchers
CalState Fullerton (nearby)	Public University	Academic faculty, lab directors
CHOC Children's Hospital	Nonprofit Hospital	Pediatric specialists, clinical researchers
Orange Coast College	Community College	Instructors, academic counselors

H-1B Cap Exempt Eligibility Requirements

To qualify for an H-1B visa through a cap-exempt employer, both the employee and the position must meet specific requirements. The position must qualify as a specialty occupation requiring at minimum a bachelor's degree in a specific field. Arab professionals with degrees from foreign universities can have their credentials evaluated by NACES-approved agencies.

•The position must require a bachelor's degree or higher in a specific specialty
•The beneficiary must hold at least a bachelor's degree or equivalent in the required field
•Foreign degrees must be evaluated by a USCIS-approved credential evaluation service
•The employer must pay at least the prevailing wage for the position and geographic area
•The employer must file a Labor Condition Application (LCA) with the Department of Labor
•The employer must demonstrate the position qualifies as a specialty occupation

Application Process for Cap Exempt H-1B

The cap-exempt H-1B application process differs from the regular H-1B process because there is no lottery registration requirement. Petitions can be filed at any time throughout the year.

1
Identify Cap-Exempt Employer
Research and apply to positions at qualifying institutions in the Costa Mesa area including universities, teaching hospitals, and nonprofit research organizations
2
Secure Job Offer
Obtain a formal job offer for a specialty occupation position that requires at minimum a bachelor's degree in a specific field
3
Labor Condition Application (LCA)
The employer files Form ETA-9035 with the Department of Labor, certifying prevailing wage compliance. Processing takes approximately 7 business days
4
File Form I-129
The employer files the H-1B petition (Form I-129) with USCIS, including the approved LCA, support letter, and evidence of the beneficiary's qualifications
5
USCIS Adjudication
USCIS reviews the petition. Regular processing takes 3-6 months; premium processing (Form I-907) guarantees a response within 15 business days for an additional $2,805 fee
6
Visa Stamping or Status Change
If approved, the beneficiary either attends a visa interview at a U.S. consulate abroad or changes status within the United States

Key Data: H-1B Cap Exempt vs Regular H-1B

Understanding the advantages of cap-exempt petitions compared to regular H-1B filings:

Factor	Regular H-1B	Cap Exempt H-1B
Annual Cap	65,000 + 20,000 master's	No cap limit
Filing Window	March registration only	Any time year-round
Lottery Required	Yes (11% selection rate FY2025)	No lottery needed
Processing Time	3-6 months after October 1	3-6 months from filing
Premium Processing	Available ($2,805)	Available ($2,805)
Initial Duration	Up to 3 years	Up to 3 years
Extensions	Up to 6 years total	Up to 6 years total (exceptions apply)

Frequently Asked Questions

Common questions about H-1B cap exempt employment in Costa Mesa:

•Q: Can I transfer from a cap-exempt employer to a cap-subject employer? A: Yes, but you will become subject to the H-1B cap. You must be selected in the lottery or qualify for a cap exemption with the new employer. If you have been counted against the cap previously, you may not need to go through the lottery again.
•Q: Do cap-exempt H-1B workers have the same rights as regular H-1B workers? A: Yes, cap-exempt H-1B workers have identical rights including prevailing wage protections, the ability to change employers through H-1B transfer, and the option to pursue permanent residence while on H-1B status.
•Q: Can my spouse work on an H-4 visa? A: H-4 spouses can apply for an Employment Authorization Document (EAD) if the H-1B worker has an approved I-140 immigrant petition or has been granted H-1B status beyond the 6-year limit under AC21.
•Q: How long does the cap-exempt H-1B process take? A: With premium processing, you can receive a decision within 15 business days. Regular processing takes 3-6 months. The LCA takes approximately 7 business days before the I-129 can be filed.
•Q: Are there any disadvantages to cap-exempt H-1B employment? A: Cap-exempt positions are typically in academia, research, or nonprofit sectors, which may offer lower salaries than private industry. However, the certainty of H-1B approval and year-round filing flexibility are significant advantages.

Why Choose SoCal Immigration Services in Costa Mesa

SoCal Immigration Services provides specialized H-1B cap exempt guidance for Arab professionals in Costa Mesa and throughout Orange County:

•Arabic and English bilingual immigration consultants who understand your needs
•Extensive knowledge of cap-exempt employers throughout Orange County and Southern California
•Credential evaluation guidance for degrees from Middle Eastern and North African universities
•Complete petition preparation and filing assistance for employers and beneficiaries
•H-4 dependent visa processing and work authorization applications
•Green card planning and transition strategies for H-1B holders

Contact SoCal Immigration Services

Call (714) 421-8872 to schedule a consultation about H-1B cap exempt work visa options in Costa Mesa. Our Arabic-speaking team helps professionals navigate the H-1B process from employer identification through petition approval and beyond. We serve Costa Mesa, Irvine, Newport Beach, Huntington Beach, and all Orange County communities.

FAQFrequently Asked Questions

Q:What qualifies an employer as H-1B cap exempt?

A: Institutions of higher education, their affiliated nonprofits, nonprofit research organizations, and government research organizations are cap exempt. Teaching hospitals with university affiliations also qualify.

Q:Can I file an H-1B cap exempt petition at any time?

A: Yes, cap-exempt petitions can be filed at any time during the year. There is no registration period or lottery requirement.

Q:Will my foreign degree be accepted for H-1B qualification?

A: Foreign degrees must be evaluated by a NACES-approved credential evaluation service. SoCal Immigration Services can guide you through this process for degrees from Arab countries.

Disclaimer: This article provides general information about immigration services in Costa Mesa and does not constitute legal advice. SoCal Immigration Services is a document preparation company, not a law firm. For legal advice specific to your situation, please consult with a licensed immigration attorney.

Published: February 14, 2026Last Updated: February 14, 2026

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H-1B Cap Exempt Employers in Costa Mesa: Work Visa Options for Arab Professionals