What Is The Definition Of Non-Profit For Eligibility For H1B Cap Exempt

[Jagan01]

My apologies for going off topic. Please move this to the appropriate discussion.

I needed to know if anyone has any experience regarding working for a non-profit organization and getting H1 under cap-exempt. I am not sure what kind of non-profit organizations qualify for cap-exempt H1 quota. Does non-profit organization, that is not a research organization, qualify for cap-exempt H1 ?

[Spectator]

My apologies for going off topic. Please move this to the appropriate discussion.

I needed to know if anyone has any experience regarding working for a non-profit organization and getting H1 under cap-exempt. I am not sure what kind of non-profit organizations qualify for cap-exempt H1 quota. Does non-profit organization, that is not a research organization, qualify for cap-exempt H1 ?The cap-exemption is not for all non-profit organizations.

The wording of the INA leads me to conclude that it does have to be a research organization, in the context of your question.


INA 214 (g)(5)

(5) The numerical limitations contained in paragraph (1)(A) shall not apply to any nonimmigrant alien issued a visa or otherwise provided status under section 101(a)(15)(H)(i)(b) who --

(A) is employed (or has received an offer of employment) at an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), or a related or affiliated nonprofit entity;

(B) is employed (or has received an offer of employment) at a nonprofit research organization or a governmental research organization;

The 8CFR seems to expand that a bit:



8CFR 214.2 (h) (19)(iii)

(iii) The following exempt organizations are not required to pay the additional fee:


(A) An institution of higher education , as defined in section 101(a) of the Higher Education Act of 1965;


(B) An affiliated or related nonprofit entity .

A nonprofit entity (including but not limited to hospitals and medical or research institutions) that is connected or associated with an institution of higher education, through shared ownership or control by the same board or federation operated by an institution of higher education, or attached to an institution of higher education as a member, branch, cooperative, or subsidiary; or


(C) A nonprofit research organization or governmental research organization .

A nonprofit research organization is an organization that is primarily engaged in basic research and/or applied research. 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. Basic research is general research to gain more comprehensive knowledge or understanding of the subject under study, without specific applications in mind. Basic research is also research that advances scientific knowledge, but does not have specific immediate commercial objectives although it may be in fields of present or potential commercial interest. It may include research and investigation in the sciences, social sciences, or humanities. Applied research is research to gain knowledge or understanding to determine the means by which a specific, recognized need may be met. Applied research includes investigations oriented to discovering new scientific knowledge that has specific commercial objectives with respect to products, processes, or services. It may include research and investigation in the sciences, social sciencies, or humanities.

Please note that the 8CFR segment is talking about employer exemptions from a fee, not exemptions from the cap. They do seem to be the same. It seemed useful because it gives more detail on the definition of nonprofit research organization and governmental research organization and what constitutes a a related or affiliated nonprofit entity.

There are probably memos on the subject.

I provide the information so you can make a more informed decision, not because I have the answer.

[Jagan01]

I provide the information so you can make a more informed decision.


In my knowledge, non profit organizations and Universities do qualify for cap exempt H1. My first H1 was cap exempt. However, the time spent on H1 is still counted towards your stay - that is, make sure you have a certified perm at the end of 6 years to continue staying here.

Thanks Spec and sportsfan33 for the responses.

Spec, the explanation does seem to indicate that it needs to be research organization.

Sportsfan, When you got ur first H1, was it for a non-profit non-research institution ?

Below is my situation. My spouse is currently on F1 OPT expiring Dec 2013. She has work permit through OPT and got two offers. One from non-profit non-research and other is regular company. My PD is Jan 2009 and I am right around the corner. If I do get to apply EAD then everything is fine. However, if I do not get to apply for EAD then she will need H1 to continue into next year. The regular company offer is more lucrative and good for career. However, the non-profit might make sense if she can get H1.