H-1B Visa CAP Exempt status through University Affiliation

In order to qualify for CAP exempt status through University Affiliation, the employing entity must be able to prove:

  • They are a not for profit organization AND
  • related to or affiliated with an institution of higher education.

One of the ways the employing entity can prove they are related to or affiliated with an institution of higher education is if the employing entity has

  • entered into a formal written affiliation agreement with an institution of higher education that establishes an active working relationship between the nonprofit entity and the institution of higher education for the purposes of research or education, AND
  • a fundamental activity of the nonprofit entity is to directly contribute to the research or education mission of the institution of higher education.

Documents USCIS requires as evidence of the affiliated program to be submitted with the H-1B petition:

  • A copy of the affiliation agreement or contract signed by an authorized official of both the employing entity and the institution of higher learning. (see sample in attached)
  • Substantiating documentary evidence that the employing entity is performing the fundamental activity that contributes to the mission of the university. (see template in attached)
  • Any other documentation that would tend to support the active working relationship between the employing entity and the university.
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