Non-Profit Immigration

When most employers consider applying for workers using the H-1B program, they immediately worry about not being able to get their workers, due to the numerical limits. While these scenarios are very real, some industries have benefits over others when hiring qualified foreign workers and the nonprofit sector is one of them.

The regular H-1B visa cap allows for 65,000 petitions per year. An additional 20,000 petitions are allotted to individuals holding advanced degrees at a master’s level or higher. An exemption category is available to U.S. employers that fall into one of the following categories:

  • Higher education institution
  • Non-profit organization associated with a higher education institution
  • Non-profit research or government organization

According to USCIS guidelines, it suffices for the non-profit organization to be connected to an institution of higher learning by means of shared ownership/control, as a branch, member or 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.

Are you still unsure if your non-profit falls under the exception? Call today to schedule a consultation with our immigration attorneys to find out.