Skip to content
Docket Build

Employment · document checklist

H-1B Cap-Exempt document checklist

Cap-exempt petitions carry every specialty occupation burden of a standard H-1B plus one more: establishing the exemption basis. For institution-of-higher-education and affiliated-nonprofit exemptions the evidentiary question is the relationship, and for third-party placement exemptions it is where the beneficiary will physically perform the work and how that furthers the exempt entity's mission.

Governing standard

Specialty occupation plus a qualifying cap-exempt employer or placement

8 CFR 214.2(h)(8)(iii)(F); INA 214(g)(5)

Top RFE trigger: Affiliation asserted with no written agreement in the record

Documents listed
8
Always required
6
Median exhibit pages
110
Initial RFE rate
13.1%

The checklist

Grouped by the purpose each document serves.

Documents marked as always required belong in every filing of this type. The rest apply where the fact pattern calls for them.

01

Exemption basis

1 required of 3

  • Accreditation or nonprofit determination

    IRS determination letter or accreditation record

  • Affiliation agreementwhere applicable

    Where exemption rests on affiliation with a higher education institution

  • Placement letter from the exempt entitywhere applicable

    For third-party cap-exempt placements

02

Specialty occupation

3 required of 3

  • Certified LCA

    Wage level and worksite matching the petition

  • Employer support letter

    Duties with time allocation and degree nexus

  • Degree and transcripts

    In a directly related field

03

Forms

2 required of 2

  • Form I-129 with H supplement

    Cap-exempt basis box cross-checked against the exhibits

  • Form G-28

    Executed by petitioner and attorney

This page prints cleanly — use it as a client-facing document request list.

Failure modes

What draws a request on a H-1B Cap-Exempt.

Having every document on the list is necessary and not sufficient. These are the structural problems that produce requests even when the evidence is present.

Full RFE trends hub
  • Affiliation claimed without a written agreement in the record
  • Placement letter that does not describe how the work furthers the exempt mission
  • Nonprofit status evidence that predates a corporate reorganisation

Start free trial

Stop losing flat-fee profit to manual PDF formatting.

Upload one messy client folder. Get back an audit-ready, Bates-stamped exhibit packet with a two-tier index and a matched cover letter — in about three minutes.

14-day free production trial · no card · real matters · no watermark

Software for licensed attorneys. Not legal advice.

Docket Build is legal technology software designed for use by licensed attorneys and legal professionals. Docket Build does not provide legal advice, does not practice law, and does not create an attorney–client relationship. All legal theories, filings, and petitions must be reviewed and approved by a qualified attorney.