{"id":84,"date":"2014-01-23T13:05:59","date_gmt":"2014-01-24T01:05:59","guid":{"rendered":"https:\/\/swlgpc.com\/en\/blog\/?p=84"},"modified":"2014-01-23T13:05:59","modified_gmt":"2014-01-24T01:05:59","slug":"affiliations","status":"publish","type":"post","link":"https:\/\/www.swlgpc.com\/eng\/affiliations\/","title":{"rendered":"Affiliations"},"content":{"rendered":"

H-1B professionals who work at following places are exempt from the H-1B numerical caps:<\/p>\n

    \n
  1. Institutions of higher education or related or affiliated nonprofit entities;<\/li>\n
  2. Nonprofit research organizations; or<\/li>\n
  3. Governmental research organizations.<\/li>\n<\/ol>\n

    One issue in contention revolves around the definition or what is an \u201caffiliated\u201d nonprofit entity.<\/p>\n

    The USCIS has taken an increasingly restrictive approach about what the word \u201caffiliated\u201d means.\u00a0 Where, in the past, evidence that a research lab or a hospital had an affiliation agreement with a university was enough to satisfy this requirement, during the past year, the USCIS has issued numerous Requests for Evidence demanding to see prove the two organizations were commonly owned.\u00a0 As a result, many employers chose to submit their H-1B petitions under the numerical caps rather than challenge USCIS\u2019 interpretation of the word \u201caffiliated\u201d in AC-21 in Federal Court.<\/p>\n

    On March 16, the USCIS\u00a0announced<\/a>\u00a0that \u201cit is currently reviewing its policy on H-1B cap exemptions for non-profit entities that are related to or affiliated with an institution of higher education.\u201d\u00a0 The agency further announced it would \u201cgive deference to prior determinations made since June 6, 2006, that a non-profit entity is related to or affiliated with an institution of higher education \u2013 absent any significant change in circumstances or clear error in the prior adjudication \u2013 and, therefore, exempt from the H-1B statutory cap. However, the burden remains on the petitioner to show that its organization previously received approvals of its request for H-1B cap exemption as a non-profit entity that is related to or affiliated with an institution of higher education.\u201d<\/p>\n

    Although this is welcome development, USCIS made clear that this is an \u201cinterim\u201d policy.\u00a0 One can only hope that the agency will not return to its previous restrictive attitude.<\/p>\n

    May 2011<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

    H-1B professionals who work at following places are exempt from the H-1B numerical caps: Institutions of higher education or related or affiliated nonprofit entities; Nonprofit research organizations; or Governmental research organizations. One issue in contention revolves around the definition or what is an \u201caffiliated\u201d nonprofit entity. The USCIS has taken an increasingly restrictive approach about […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[8],"tags":[],"yst_prominent_words":[],"class_list":["post-84","post","type-post","status-publish","format-standard","hentry","category-general-news"],"_links":{"self":[{"href":"https:\/\/www.swlgpc.com\/eng\/wp-json\/wp\/v2\/posts\/84","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.swlgpc.com\/eng\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.swlgpc.com\/eng\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.swlgpc.com\/eng\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.swlgpc.com\/eng\/wp-json\/wp\/v2\/comments?post=84"}],"version-history":[{"count":0,"href":"https:\/\/www.swlgpc.com\/eng\/wp-json\/wp\/v2\/posts\/84\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.swlgpc.com\/eng\/wp-json\/wp\/v2\/media?parent=84"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.swlgpc.com\/eng\/wp-json\/wp\/v2\/categories?post=84"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.swlgpc.com\/eng\/wp-json\/wp\/v2\/tags?post=84"},{"taxonomy":"yst_prominent_words","embeddable":true,"href":"https:\/\/www.swlgpc.com\/eng\/wp-json\/wp\/v2\/yst_prominent_words?post=84"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}