Tag Archives: H-1B cap exemptions

Special Immigration Alert: USCIS Announces Policy Review on H-1B Cap Exemptions Based on Relation or Affiliation

On March 16, 2011, the U.S. Citizenship and Immigration Services (“USCIS”) announced that it is currently reviewing its policy on H-1B cap exemptions for nonprofit entities that are related to, or affiliated with, an institution of higher learning. Effective immediately, and as an interim measure, the USCIS will approve H-1B nonprofit entity petitions seeking an exemption from the H-1B numerical cap and filing fees based on affiliation with, or relation to, an institution of higher learning as long as the petitioning entity can demonstrate that: (1) it has secured prior approvals for similar petitions since June 6, 2006; and (2) there has been no material change in circumstances. These interim procedures are temporary and will remain in place until the USCIS releases additional guidance.

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