The following are exempt formt eh H-1B annual numerical cap:
- J-1 non-immigrant physcians who received a Conrad-30 waiver of the two-year foreign residence requirement based on sponsorship by a state health department;
- Individuals employed at higher educational institutions and their related or affiliated non-profit entities;
- Individuals employed by non-profit research organizations or governmental research organizations; and
- Under certain circumstances, an individual who has already been counted toward the cap in 6 years before the approval of a new petition.
Note that an individual who was previously exempt from the cap may become subject to the cap if it changes from an exempt employer to a non-exempt employer.