The following H-1B petitions are except for the H-1B cap:

• Petitions for H-1B status extensions
• H-1B petitions sponsored by institutions of of higher education, a related or affiliated nonprofit entity, governmental research organizations, or nonprofit research organizations
• H-1B petitions for concurrent employment where the foreign national worker is presently in H-1B status that was subject to the H-1B quota
• H-1B petitions for employer changes where the current H-1B holder was subject to the H-1B quota
• Those who have had H-1B status in the past six years who were subject to the H-1B quota
• Petitions for H-4 dependent status