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Yes, it is possible but it depends on your sponsoring employer. Even if you are not a citizen of Chile or Singapore – countries with H-1Bs held aside for their citizens under treaty (these are technically H-1B1s), you can still get an H-1B if you get a job offer from an H-1B exempt employer.

However, the only exempt employers are:

  • Universities (institutions of higher education),
  • Non profit organizations which are affiliated with an institution of higher education, or
  • Non-profit or government research institutions.

No. Just being a nonprofit isn’t enough by itself for an employer to be H-1B cap-exempt.

The non-profit must either be affiliated with an institution of higher education, or be a research institution in order to sponsor H-1B visas for employees which are exempt from the H-1B cap.