In a recent announcement, the U.S. Citizenship and Immigration Services (USCIS) stated that it is currently reviewing its policy on H-1B cap exemptions for non-profit entities that are related to or affiliated with an institution of higher education. This announcement came as a response to recent stakeholder feedback.
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, until further guidance is issued.
The burden to show that the 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 remains on the petitioner.
USCIS emphasizes that these measures will only remain in place on an interim basis. USCIS will inform the public of any future developments.
Short explanation of the H1B Visa:
The H-1B is a non-immigrant visa in the United States under the Immigration and Nationality Act. It allows U.S. employers to temporarily employ foreign workers in specialty occupations.
For more information, please visit our H-1B Visa and H-1B Transfer pages.
Please contact the Ranchod Law Group with offices in San Francisco, Santa Clara, and Sacramento, serving clients nationwide. You can call us at 800-753-1399 if you have questions regarding the I-601 hardship waiver.
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