New USCIS Rule Regarding Cap Exempt for Not for Profits via University Affiliation Agreement.

High Skilled Worker Final Rule, effective January 17th, 2017

Until now, the USCIS has insisted on an affiliation based on shared ownership or control by the same board or federation, or where the nonprofit is attached to the university as a member, branch, cooperative or subsidiary.

The new rule states that as an alternative to the shared ownership or control option the employer may submit evidence of a written affiliation agreement with an institution of higher education.

Qualifying can be demonstrated by presenting evidence that the “nonprofit 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.”

What this means for School Districts and Foreign National Teachers:

If the School District has a qualifying affiliation agreement (see paragraph above) then they are exempt from the H-1B Visa numerical cap limitations. This means that they may file an H-1B visa petition anytime year round.

H-1B visa attorney service for School Districts and Teachers.

Related Links:
H1B Visa Cap / Quota for FY 2018
H-1B Visa Renewal / Extension
H-1B Visa Transfer
Amended H-1B Visa
New H-1B Visa, Cap Exempt
H-1B Visa for Entrepreneurs
H-1B Visa for Teachers
H-1B Visa Attorney Fee
H-1B Visa Complete Do it Yourself Kit

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