H-1B Immigration Specialty Occupations

Stats Access may be able to provide longer staffing situations of qualified health care specialty occupations for certain institutions, by way of H1B Cap Exempt.

What Does H1B Cap-Exempt Mean?

The regular H-1B visa cap dedicates 65,000 petitions to foreign workers with the required skills and qualifications. An additional 20,000 petitions are allotted to individuals holding advanced degrees at a master’s level or beyond. However, in some cases, H1B applications can be filed without going through the H1B cap.

An exemption category is available to U.S. employers that fall into one of the three exemption categories including:

• Higher education institution
• Non-profit organization associated with a higher education institution
• Non-profit research organization or government research organization
• A for-profit company that seeks to hire an individual for specialty occupation services to be provided to any of the three entities listed above

H1B Cap-Exempt Non-Profit Organization Requirements

To be considered an H-1B cap-exempt non-profit that is associated with a government organization or institution of higher education, it must:

• Be a non-profit entity. (Non-profits that do not qualify: service, community, policy, and art organizations)
• Be associated with the institution through shared ownership or board control

OR

• Act as a branch, member of the subsidiary

USCIS defines a non-profit research organization as one that is “primarily engaged in basic or applied research.” The most common not-for-profit institutions are colleges and universities with affiliations to medical labs, research units, and hospitals.

A non-profit organization or entity is tax-exempt and either of the following under the Internal Revenue Service (IRS): section 501(c)(3), (c)(4), or (c)(6) (see 26 U.S.C. 501(c)(3), (c)(4), or (c)(6)). In addition, the non-profit should be approved as a tax-exempt organization for research or educational services by the IRS.

Please contact us, to see if your organization may qualify for a H1B Cap-Exempt healthcare provider.