Certain institutions, including higher education organizations, non-profit research organizations, and government research organizations, are not subject to the numerical limit placed on H-1B visas. This exemption allows these institutions to hire foreign workers with specialized skills year-round without having to compete in the annual H-1B lottery. For example, a university can hire a physics professor from abroad regardless of whether the annual visa quota has been reached.
This policy allows these organizations to recruit and retain top global talent crucial for advancing research, education, and public service. Uninterrupted access to a global talent pool fosters innovation and strengthens institutional capabilities. Historically, this exemption has been pivotal in ensuring that vital sectors in the United States have access to the specialized skills needed to maintain competitiveness and leadership in their respective fields.