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H-1B Non Profit
The H-1B Non-Profit -classification allows qualified foreign workers to be employed in specialty occupations (requiring a bachelor’s degree or higher) by eligible non-profit entities that are affiliated with an institution of higher education or are non-profit research or government research organizations.
Who Qualifies?
To qualify as a cap-exempt non-profit H-1B petitioner, the employer must be one of the following:
- A non-profit institution of higher education (e.g., a university).
- A non-profit organization affiliated with such an institution (e.g., a teaching hospital partnered with a university).
- A non-profit research organization or government research organization primarily engaged in research.
Key Requirements & Documentation
Below is a non-exhaustive list of typical documents and requirements for H-1B Non-Profit Visa – Cap-Exempt Petition.
Eligible Employer
Must be a non-profit institution of higher education, a non-profit entity affiliated with such an institution, or a non-profit/government research organization.
Specialty Occupation
The offered job must require specialized knowledge and a minimum of a bachelor’s degree (or equivalent) in a specific field.
Beneficiary Qualifications
The foreign worker must hold a relevant U.S. or foreign degree (or equivalent experience).
Labor Condition Application (LCA)
Employer must file Form ETA-9035E with the Department of Labor and receive certification.
H-1B Petition
Employer must submit Form I-129 with supporting evidence to USCIS.
Wage Requirements
Must pay the prevailing wage for the position and location.
Cap-Exemption Proof
Must clearly demonstrate that the employer is exempt from the H-1B cap.
Duration & Extensions
Initial stay up to 3 years, renewable up to 6 years total (or longer if concurrent employment).
Dependents (H-4)
Spouse and unmarried children under 21 may apply for H-4 status.