USCIS Issues Interim Guidance on H-1B Cap Exemptions

By: The Chander Law Firm

USCIS issued guidance applying interim procedures for those seeking cap-exempt H-1B as nonprofit entities claiming affiliation with or relation to an institution of higher education.

USCIS announced it will give deference to prior determinations made since June 6, 2006 that an entity qualifies as an exempt nonprofit.  Petitioning entities may demonstrate affiliation be providing a copy of previously approved cap-exempt petition and previously issued approval notice since June 6, 2006.  USCIS has also advised that petitioners include an attestation that the organization was previously approved as a cap-exempt entity since June 6, 2006.  The guidance will remain in effect on an interim basis until any future guidance is issued.

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