Earlier this week, USCIS announced that it is now reviewing its policy
on H-1B cap exemptions for non-profit organizations that are related to
or affiliated with institutes of higher education. USCIS is temporarily
applying “interim procedures” to applications from non-profit
organizations seeking an exemption from the standard H-1B cap based on
their affiliation/relation to an institute of higher education.
During this interim period, which became effective immediately, USCIS
will give deference to prior determinations made since June 6, 2006,
that an organization is affiliated with or related to an institute of
higher education, as long as no significant change in circumstances or
adjudication error occurred. Such agencies will be exempt from the
statutory H-1B cap. However, USCIS notes, “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.”
Evidence such as a copy of the previously approved cap-exemption
petition and the previously issued applicable I-797 approval notice
that was issued by USCIS since June 6, 2006, will need to be provided.
Additionally, documentation submitted in support of the exemption will
also need to be provided. USCIS also suggests that petitioners include
a statement that attests that their organization was approved for
cap-exempt status since June 6, 2006.
