H1B exemption rules

[Bellevuewa7]

What is the name of your state? WA

I am an FMG currently in negotiation with a prospective employer which is a 'not for profit' hospital. Does this qualify for the H1B visa exemption? (please see the note that I quote from USCIS).

I was told that the 'not for profit' hospital also has to be related to a institution of higher education to qualify for the exemption. Is this correct? Please advise me on this matter.

Thank you,

AC21 exempts H-1B workers who are employed by or have an offer of employment from:

Institutions of higher education;
Related or affiliated nonprofit entity, or
Nonprofit or government research organization.
AC21 also specifies that an H-1B worker be counted against the cap if the worker transfers from an "exempt" employer to an employer that does not have an exemption.

 

[ImmigAttyLana]

That's correct; it has to be affiliated with an institution of higher learning or an organization involved in research, etc. and does not qualify for the exemption from the H-1B cap just by virtue of being a nonprofit.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

 

[Bellevuewa7]

one more about H1 exemption

Thank you so much for your response, Lana.

I still get different information. I am on H1-B (exempted) - will expires in June 2006, and I am planning to apply for the next H1-B - but unsure about this exemption.

Someone else said according to USCIS AC21 (quoted here):

AC21 also specifies that an H1-b worker be counted against the cap if the worker transfers from an 'exempt' employer to an employer that does not have an exemption.

that means if we were not 'capped' before and will transfer (??) to 'capped' employer - we will not be counted in the cap. Is this true??

My understanding that we will be counted (unless the organization is exempted) as it is not a "transfer" but 'a new H1".

Please advice me on this, Lana. Thx and may you always be blessed.

 

[ImmigAttyLana]

Yes, you are correct. If you are changing employers from an exempt to a non-exempt, you would be subject to the cap and since the cap for the current year has been reached, you would not be able to get a new H-1B until the start of the next fiscal year.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.