H-1B Cap Exempt Affiliation Agreement

Section 214(c)(9) also exempts the same selection of H1B petitioners from petition rights relating to H1B cap-exempt status, extension of the alien`s stay (unless the employer has previously obtained an extension for the alien) and permission for the alien to change status to work for the employer. It is important to note that you do not need to work “for”, but only “on” a university to be considered cap-exempt. To qualify for university cap status, the employing organization must be able to prove that if you are sponsored by an H-1B visa-exempt employer, there is no lottery and such employers can file H-1B petitions year-round. If you try to use the portability rule to move from a cap-exempt to a cap-subject employer after reaching the milestone for that exercise, the trial will set off red flags at USCIS. According to the memorandum, USCIS will only allow such a petition if you (the recipient) were not responsible for the termination of employment exempt from the cap. In addition, the rule for highly skilled workers defined “the national research organization” for the purposes of the ACWIA`s application for cap-exemption status and exemption from registration fees, specifying that a “public research organization” includes local, public and federal research organizations. A previous USCIS directive, which allowed employers who had demonstrated cap-exemption status prior to June 2006 to benefit from compliance for determining cap-exemption status, was repealed as soon as the new regulation was adopted. In addition, in October 2017, USCIS ended its broader policy of paying for previous decisions. It is a good practice for employers and physicians to provide complete documents for all petitions and applications filed with USCIS, whether or not previous filings have been successful.

Me. the non-profit organization is related or bound to a higher education institution by the joint ownership or control of the same board of directors or association; (ii) the non-profit organization is managed by a university; (iii) the non-profit organisation is affiliated with a higher education institution as a member, branch, cooperative or subsidiary; or iv. The nonprofit has entered into a formal written membership agreement with a university that establishes an active working relationship between the nonprofit and the Graduate School of Research or Education, and a core activity of the nonprofit is to contribute directly to the university`s research or educational mission. . . .