5. USCIS Reverses Policy for Affiliation-Based H-1B Cap Exemption

U.S. hospitals that train doctors in residency and fellowship programs, which are run in coordination with a U.S. medical school, have long been considered exempt from the H-1B cap.  However, a recent USCIS policy challenged the affiliations American teaching hospitals have with American medical schools.  After receiving numerous complaints, USCIS announced it will revert back to previous policy, pending issuance of a permanent rule.

On March 16, 2011 USCIS announced that it is reviewing its policy on H-1B cap exemptions for non-profit entities that are related to or affiliated with an institution of higher education, such as a medical school.   As of this date, USCIS will give deference to determinations made since June 6, 2006, that a non-profit entity that is related to or affiliated with an institution of higher education is exempt from the H-1B cap.

The petitioner must show that the organization previously received H-1B exemption as a non-profit organization that is related to or affiliated with an institution of higher education.  Petitioners should provide USCIS with evidence such as copies of previously approved cap-exempt petitions issued by USCIS since June 6, 2006, and any documentation that was submitted in support of the claimed cap exemption.

The USCIS announcement, which was updated on March 18, can be found here.
_______________________________

< Back | Index | Next >

Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship.  Any reliance on information contained herein is taken at your own risk.