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Navigating the FY 2025 H-1B Cap Exemption: A Guide for Healthcare Employers

As we edge closer to the Fiscal Year (FY) 2025, healthcare employers should gear up for the H-1B visa cap season. However, there’s a silver lining for many in the healthcare sector: the possibility of being exempt from the H-1B cap. This exemption could be a game-changer for healthcare systems and hospitals looking to recruit skilled healthcare professionals from abroad.

Understanding H-1B Cap Exemption

The H-1B visa, a cornerstone for employing professionals in specialty occupations in the United States, typically encounters an annual cap of 85,000 visas. However, certain healthcare employers can bypass this limitation. The exemption applies to entities such as:

  • Nonprofit organizations affiliated with institutions of higher education.
  • Institutions of higher education themselves.
  • Nonprofit and government research organizations.

Who Qualifies?

Healthcare positions that may qualify for H-1B status under this exemption include, but are not limited to, physicians, physical therapists, medical technologists, and nurses. It’s crucial to note, though, that not all healthcare roles are eligible, and specific licensing requirements may apply depending on the job and location.

Benefits of Cap-Exempt Petitions

One significant advantage of cap-exempt petitions is their flexibility in filing time. Unlike cap-subject petitions, which undergo a lottery process, cap-exempt petitions can be filed at any time throughout the year, providing much-needed staffing agility to healthcare employers.

Action Plan for Healthcare Employers

It’s crucial for healthcare employers to evaluate their eligibility for H-1B cap exemption. This involves a thorough review of both present and anticipated staffing requirements to identify roles potentially suitable for foreign professionals under H-1B visas. Adopting this strategy can be pivotal in mitigating staffing challenges and elevating patient care quality.


As FY 2025 approaches, healthcare employers have a unique opportunity to leverage the H-1B cap exemption. By understanding the eligibility criteria and benefits, healthcare systems and hospitals can effectively navigate this process to fulfill their staffing needs with skilled professionals from around the globe.

If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at for more information.