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CAN FILE YEAR-ROUND
WHO ARE THEY?
cannot generally file
new H-1B petitions till
APRIL 1ST OF THE .
5 Major Categories of
H-1B
WHO CAN HIRE
H-1B candidates all year long!
• H-1B petitions filed by institutions of higher
education are exempt from the H-1B cap.
• To qualify as an H-1B Cap Exempt Employer, the
petitioner must be an institution of higher
education as defined in Section 101(a) of the
Higher Education Act of 1965, 20 U.S.C. 1001(a).
• H-1B petitions filed by certain non-profit entities
are exempt from the H-1B cap.
• To qualify as an H-1B Cap Exempt Employer, the
non-profit entity must be related or affiliated to
an institution of higher education.
• H-1B petitions filed by non-profit research
organizations are exempt from the H-1B cap.
• A nonprofit research organization is an
organization that is primarily engaged in basic
research and/or applied research.
• H-1B petitions filed by governmental research
organizations are exempt from the H-1B cap.
• A governmental research organization is a United
States Government entity whose primary mission
is the performance or promotion of basic
research and/or applied research.
H-1B petitions filed by non-qualifying organizations
may qualify as cap-exempt if:
• The employees’ spend all or most of their time at
a qualifying institution, AND
• The employee’s duties and activities further the
primary purpose or mission of the qualifying
institution.
,
a non-exempt employer,
files an
H-1B for
Case Scenario 1
will be performing
duties onsite at a qualifying
government research
organization B, as part of a
joint agreement
between A and B.
Case Scenario 1
supports
the H-1B petition with proof
that will work on a
research project, performing
duties similar to those
performed by the employees
of organization B and
that this work is related
to organization B's mission.
Case Scenario 1
If B files the
H-1B petition, the
cap exemption would apply.
Does ’s
H-1B petition fall under the
exemption?
Case Scenario 1
Yes,
would be exempt
from the H-1B cap because
she will perform research
duties that would otherwise
have been performed
by the qualifying institution's
employees in furtherance
of the institution's mission.
Case Scenario 1
is a non-profit
market research firm
that would not qualify
for the H-1B exemption.
They file an H-1B for
,
one of the company
employees.
Case Scenario 2
will be
conducting market
research onsite at
a university that
does qualify for
the .
Case Scenario 2
He'd also be accessing a
research tool available only
through the university.
However, the research
is for the benefit of
the petitioner's clients,
not the university. Would
this H-1B be cap exempt?
Case Scenario 2
is
physically working
at an exempt institution,
But the work performed
is in no way related
to the purposes
of the qualifying entity.
Case Scenario 2
The , not the
university, benefits from this
work. Thus, doesn’t
qualify for the H-1B cap
exempt.
Case Scenario 2
Like to find out if you qualify as an
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