Mithras Law Group Immigration Blog

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H-1B Cap Exemptions for Non-profits under Review

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USCIS is reviewing its policy on H-1B cap exemptions for non-profit entities that are related to or affiliated with an institution of higher education. Until further guidance is issued, USCIS is temporarily applying interim procedures to H-1B non-profit entity petitions filed with the agency seeking an exemption from the statutory H-1B numerical cap based on an affiliation with or relation to an institution of higher education.

During this interim period USCIS will give deference to prior determinations made since June 6, 2006, that a non-profit entity is related to or affiliated with an institution of higher education – absent any significant change in circumstances or clear error in the prior adjudication – and, therefore, exempt from the H-1B statutory cap. However, the burden remains on the petitioner to show that its organization previously received approvals of its request for H-1B cap exemption as a non-profit entity that is related to or affiliated with an institution of higher education.
This burden can be satisfied by the petitioner by providing USCIS with a copy of a previously approved cap-exempt petition and the previously issued applicable I-797 approval notice and any other relevant documentation.

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Written by MithrasLaw

April 11, 2011 at 10:23 am

Posted in H-1B Visas

Tagged with , ,

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