Cap-Exempt H-1B Jobs in NYC: Universities, Academic Medical Centers and Research Nonprofits

Columbia, NYU and the city's medical schools file H-1Bs with no lottery. A hospital or affiliate job is cap-exempt only if the filing entity or your placement qualifies.

Part of our guide to cap-exempt H-1B employers.

Cap-exempt H-1B jobs in NYC are concentrated at universities and medical schools, which can file H-1B petitions at any time of year with no lottery. In the USCIS data the site uses, the largest New York City filers in that group are Columbia University, NYU Grossman School of Medicine, the Icahn School of Medicine at Mount Sinai, Weill Cornell, New York University and The Rockefeller University. Hospitals such as Montefiore and NYC Health + Hospitals also sponsor, but a hospital job is cap-exempt only if the entity filing the petition qualifies through a university affiliation or research, or if you are placed at a qualifying institution for at least half your work time.

Status as of 2026-11-01. In effect: the cap-exemption rules of 2025-01-17, no cap-gap for cap-exempt petitions, concurrent employment and the worker 60-day grace period. Proposed: ending that grace period (comments close 2026-11-10). Under OIRA review: RIN 1615-AD00 (unpublished). Blocked: collection of the $100,000 H-1B payment.

This is the New York City view, by named employer and legal entity. For the national picture, read our guide to cap-exempt universities, research hospitals and nonprofits. If you are also weighing banks and tech firms, our NYC finance and tech H-1B guide covers the cap-subject side of the city.

Which NYC employers are H-1B cap-exempt?

New York City's cap-exempt H-1B employers are mainly its universities and their medical schools, which qualify as institutions of higher education, plus nonprofits related to or affiliated with a university and nonprofit or government research organizations. A hospital qualifies only through one of those routes. Cap-exempt employers file at any time of year, outside the annual cap and its lottery.

The counts below come from the USCIS H-1B Employer Data Hub extract the site uses. Each is petition decisions (approvals plus denials, new and continuing employment) for FY2024-FY2026 combined, with FY2026 partial. Continuing employment includes extensions for current staff, so the counts show filing activity, not open jobs.

NYC university, medical school and hospital H-1B filers (petition decisions, FY2024-FY2026 combined, FY2026 partial)

The hospitals sit in our New York state employer hub; the universities and medical schools also appear in the New York City metro hub. One brand can file under several legal names (Mount Sinai's medical school and its hospital file separately), and Memorial Sloan Kettering Cancer Center is another large NYC nonprofit filer to ask the same question of. The basis column is a question for the employer, not a verdict.

How the cap-exempt test works in 2026

INA 214(g)(5) sets three routes for the employer, plus a side door for placed workers. DHS's H-1B modernization final rule rewrote the definitions effective 2025-01-17; the current text is in 8 CFR 214.2(h)(8)(iii)(F) on eCFR.

Route 1: a university or its medical school employs you

An institution of higher education, as section 101(a) of the Higher Education Act defines it, is exempt. Columbia, NYU, Rockefeller and the medical colleges in the table are degree-granting schools, the kind this route covers, and public colleges count too.

Route 2: a nonprofit related to or affiliated with a university employs you

A nonprofit qualifies if it meets any one of four conditions: it shares ownership or control with a university through the same board or federation; it is operated by a university; it is attached to one as a member, branch, cooperative or subsidiary; or it has a formal written affiliation agreement. For that last route, the agreement must set up an active working relationship for research or education, and "a fundamental activity of the nonprofit entity is to directly contribute to the research or education mission of the institution of higher education."

Route 3: a nonprofit or government research organization employs you

A nonprofit qualifies when a fundamental activity is basic or applied research; a federal, state or local government body qualifies when a fundamental activity is performing or promoting research.

The side door: someone else employs you, but you work for a qualifying institution

If your employer does not qualify on its own, your petition can still be cap-exempt if you "will spend at least half of their work time performing job duties at a qualifying institution, organization, or entity" and those duties directly further one of its higher-education or research purposes. Work "at" the institution can include telework in the United States; USCIS "will focus on the job duties to be performed, rather than where the duties are physically performed." A contractor who spends 30% of their time on a university lab's research falls short; one who spends most of it there can meet the line.

What the 2025-01-17 rule changed

Our reading of the text: if the filing entity qualifies under Route 1, 2 or 3, the exemption does not depend on your role (the job still has to be a specialty occupation). Duties and time matter when your employer does not qualify and the petition relies on the side door.

Are NYC hospitals cap-exempt?

Not automatically. A hospital is not a university, so the filing entity has to pass Route 2 or Route 3; if it does not, only the side door is left. Montefiore and NYC Health + Hospitals file H-1Bs in volume, but the counts do not show which basis each filing entity uses.

Ask two questions. Which legal entity will sign the Form I-129: the medical school, the hospital, a faculty practice or a research foundation? And which basis does it claim: shared control, a written affiliation agreement, or research as a fundamental activity? If the filing entity qualifies on its own, an IT or revenue-cycle hire is cap-exempt on the same basis as a lab hire. If it does not, a researcher who spends at least half their time on a medical school's research may meet the side-door test, while an analyst serving the hospital's own operations generally would not.

What cap-exempt H-1B jobs in NYC actually look like

Cap-exempt roles at NYC universities and medical schools can include postdoctoral and associate research scientists, faculty and instructors, research coordinators and lab managers, biostatisticians and data analysts, research software engineers, and physicians. Each still has to be a specialty occupation with a certified Labor Condition Application, paid at least the wage it states. Cap-exempt removes the lottery, not those requirements.

To see what an employer files for, search the LCA disclosure files on DOL's OFLC performance data page (latest files through FY2026 Q3, 2026-06-30) by the exact legal name, then read the job titles and worksites. That shows whether a lab, department or hospital campus has sponsored your kind of role before.

For anyone hired from abroad, one dated signal: a Congressional Research Service insight (2026-10-14) reports that in the first eight months of the $100,000 fee, initial H-1B petitions for consular processing from cap-exempt employers fell 91% from a year earlier (CRS Insight IN12747). Collection is blocked today, but USCIS's Form I-129 page says, "If this order is later lifted, DHS still plans to collect the payment." The payment never covered changes of status that USCIS grants inside the US, such as F-1 OPT to H-1B.

No cap-gap: the timing trap for OPT students

Cap-gap does not apply to a university, medical school or nonprofit H-1B. USCIS's cap-gap page says the provision "applies only to beneficiaries of cap-subject H-1B petitions, not to beneficiaries of cap-exempt H-1B petitions." The end date on your OPT EAD is your last day of work unless the H-1B starts first. Our explainer on why cap-gap does not cover cap-exempt petitions works through the edge cases.

A worked NYC timeline (hypothetical dates)

Say your post-completion OPT EAD ends on Wednesday 2027-06-30 and a Manhattan medical school offers you a research role in early 2027. Work backward.

Premium processing for most I-129s costs $2,965 on the current G-1055 fee schedule, and USCIS's premium processing page says the 15-business-day clock "will stop and reset" if it issues a request for evidence. "Action" can be an RFE rather than an approval, which is why the example leaves a month of margin. A USCIS draft titled "Amending the Premium Processing Timeframe" (RIN 1615-AD25) has been under OIRA review since 2026-10-13, so re-check that page before planning around 15 days. The employer's international office and attorney set the real filing plan; ask your DSO what a pending petition means for your F-1 record if OPT runs out first.

Can I keep a cap-exempt H-1B and work for a startup too?

Yes, through concurrent H-1B employment, as long as the startup files its own Form I-129 and LCA. Under 8 CFR 214.2(h)(8)(iii)(F)(6), concurrent cap-subject employment does not subject you to the cap while your cap-exempt job continues.

The startup must show that you hold valid H-1B status under a cap exemption, that your cap-exempt job is expected to continue after its petition is approved, and that you can reasonably do both jobs. Its petition cannot outlast your cap-exempt petition. If the cap-exempt employment "is terminated by a petitioner, or otherwise ends" early, you become subject to the cap unless you were previously counted in your six-year period, and USCIS "may revoke" the startup's petition. Our concurrent H-1B second-job guide walks through the second employer's filing.

What happens if I leave a cap-exempt job in New York?

If you move to another cap-exempt employer, say from Columbia to Weill Cornell, the new employer files a new petition and there is no lottery. If you move to a private company, you become subject to the cap unless you were already counted within your six-year period, so the company usually needs a lottery selection first. Our guide to moving from a cap-exempt H-1B to a cap-subject employer covers that path in detail.

Dated facts that shape the move: the FY2028 registration has not been announced as of 2026-11-01, USCIS must give at least 30 days' notice (registration page), and wage-weighted selection has been in effect since 2026-02-27. If your job ends before a new petition is filed, the worker 60-day grace period at 8 CFR 214.1(l)(2) is in effect. DHS has proposed removing it, with comments closing 2026-11-10 (Federal Register notice); a closed comment period is not a final rule, so check the Federal Register for the outcome.

What could change for NYC cap-exempt employers

RIN 1615-AD00, "Reforming the H-1B Nonimmigrant Visa Classification Program," has been under OIRA review since 2026-08-24 and is unpublished. Its agenda abstract mentions "revising eligibility for cap exemptions, providing greater scrutiny for employers that have violated program requirements, and increasing oversight over third party placements." There is no text, no comment period and no effective date, so today's rules decide every petition filed now. Our tracker of what the H-1B reform rule could touch follows it.

Rules that decide an NYC cap-exempt job (as of 2026-11-01)

How to check whether an NYC offer is cap-exempt

1. Ask the international scholars office which legal entity will sign Form I-129 and which cap-exemption basis it will claim.
2. Search that exact legal name in the USCIS H-1B Employer Data Hub and DOL's LCA disclosure files to see the roles and worksites it has filed for.
3. If the petition relies on the side door, ask how your work time will be split and documented.
4. Compare the end date on your OPT EAD (Form I-766) with the filing plan, and ask whether the employer will add Form I-907 premium processing.
5. Tell your DSO the offer and start date so SEVIS and grace-period questions are settled before OPT ends.
6. Ask how a later move or a concurrent job would count against the cap. The employer's counsel represents the employer, so consult your own licensed immigration attorney if your plans depend on the answer.

Common mistakes

• Trusting the brand name. NYU, Mount Sinai and Cornell each run several legal entities, and the exemption attaches to the one that files, not to the badge. Ask which one it is.
• Counting on cap-gap. It does not apply to cap-exempt petitions, so your OPT end date is a hard stop.
• Misreading the side-door test. It applies when your employer does not qualify on its own, and it turns on duties and time, not on sitting on campus.
• Treating a concurrent startup petition as a way around the lottery. If the cap-exempt job ends and you were never counted, the startup petition can be revoked.
• Assuming you can later join a bank or big tech firm without the lottery. That works only if you were previously counted within your six-year period.

Frequently asked questions

Which NYC employers are H-1B cap-exempt?

Universities and their medical schools are the clearest cases, because the statute exempts institutions of higher education. In the USCIS Employer Data Hub extract F1Jobs uses (petition decisions, FY2024 to FY2026 combined, FY2026 partial), the largest NYC filers in this group are Columbia University (605), NYU Grossman School of Medicine (376), the Icahn School of Medicine at Mount Sinai (342, plus 229 under a truncated name), Weill Cornell (297), NYU (295) and The Rockefeller University (123). Hospitals and other nonprofits are cap-exempt only if the filing entity passes the affiliation or research test.

Are NYC hospitals cap-exempt?

Not automatically. The filing entity must qualify as a nonprofit related to or affiliated with a university, for example through a written affiliation agreement plus a fundamental activity that directly contributes to its research or education mission, or as a nonprofit research organization. Montefiore and NYC Health + Hospitals file H-1Bs in volume, but each filing entity has to show its basis. If it does not qualify, a worker who spends at least half their work time on a qualifying institution's mission can still be exempt, under rules in effect since 2025-01-17.

Is a job at a university-affiliated nonprofit cap-exempt?

It can be. Since 2025-01-17, 8 CFR 214.2(h)(8)(iii)(F) treats a nonprofit as affiliated if it shares ownership or control with a university, is operated by one, is attached to one as a member, branch, cooperative or subsidiary, or has a formal written affiliation agreement and a fundamental activity that directly contributes to the university's research or education mission. Ask the employer which basis it relies on and let an immigration attorney confirm it.

Can I keep a cap-exempt H-1B and work for a startup too?

Yes, through concurrent H-1B employment. The startup files its own Form I-129 and Labor Condition Application and must show that your cap-exempt job will continue and that you can reasonably do both. Its petition is not counted against the cap while the cap-exempt job continues, and it cannot outlast your cap-exempt petition. If the cap-exempt job ends, you become subject to the cap unless you were counted before in your six-year period, and USCIS may revoke the startup's petition (rule as of November 2026).

What happens if I leave a cap-exempt job in New York?

If you are not moving to another cap-exempt employer, you become subject to the H-1B cap unless you were already counted within your six-year period, so a private-sector employer would usually need a lottery selection first. A move from one cap-exempt employer to another needs a new petition but no lottery. The worker 60-day grace period is in effect as of 2026-11-01, and a proposal to remove it closes for comments on 2026-11-10.

Sources

• 8 CFR 214.2, eCFR version of 2026-10-14
• DHS H-1B modernization final rule, 2024-12-18 (govinfo)
• USCIS H-1B Employer Data Hub
• USCIS cap-gap extension page
• USCIS Form I-129 page
• USCIS G-1055 fee schedule
• USCIS premium processing page
• USCIS H-1B electronic registration process
• Unified Agenda entry, RIN 1615-AD00
• Federal Register, proposal to eliminate the 60-day grace period
• DOL OFLC performance and disclosure data
• CRS Insight IN12747, "H-1B Executive Actions in 2026," 2026-10-14

How we checked this: we read the eCFR text of 8 CFR 214.2 and the 2024 final rule, the USCIS cap-gap, I-129, G-1055, premium processing and registration pages, the Unified Agenda entry, the Federal Register notice and the CRS insight, and pulled employer counts from the USCIS Data Hub extract the site uses, on 2026-11-01.

This is general information, not legal or tax advice. Your own I-20, I-94, EAD and approval notice govern your situation; take F-1 and OPT questions to your DSO and petition or cap questions to a licensed immigration attorney.

If you are weighing NYC university, hospital and private-sector offers on OPT and want a search plan built around your EAD dates, F1Jobs can help you map it out.