What makes an H-1B employer cap-exempt
The four conditions the regulation gives for a nonprofit to be related to or affiliated with an institution of higher education, which is what places an employer outside the annual numerical limits.
Authority: 8 CFR 214.2(h)(8)(iii)(F)
Institution of higher education
- The regulation adopts the definition of “institution of higher education” given at section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)). 8 CFR 214.2(h)(8)(iii)(F)(1)
Related or affiliated nonprofits
- The regulation provides that a nonprofit entity is considered related to or affiliated with an institution of higher education if it is connected to or associated with the institution through shared ownership or control by the same board or federation. 8 CFR 214.2(h)(8)(iii)(F)(2)(i)
- It provides the same where the nonprofit entity is operated by an institution of higher education. 8 CFR 214.2(h)(8)(iii)(F)(2)(ii)
- It provides the same where the entity is attached to an institution of higher education as a member, branch, cooperative, or subsidiary. 8 CFR 214.2(h)(8)(iii)(F)(2)(iii)
- It provides the same where the entity has entered into a formal written affiliation agreement with an institution of higher education establishing an active working relationship for research or education, and a fundamental activity of the nonprofit is to directly contribute to the research or education mission of the institution. 8 CFR 214.2(h)(8)(iii)(F)(2)(iv)
This page reports what published regulations provide, with the citation for each statement. It is not legal advice, it is not complete, and it says nothing about any particular person's situation. Verify each citation against the current text at eCFR before acting on anything here.