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#4: Your Employer is an "Institution of Higher Education", e.g., a College or University

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An "Institution of Higher Education", e.g., a College or University, is exempt from the H-1B quota, under current law. An "Institution of Higher Education" is generally a U.S. College or University (as defined in the Higher Education Act of 1965, section 101 (a), 20 U.S.C. section 1001(a)).

So, if your employer is a U.S. College or University, your H-1B petition will generally be deemed to be exempt from the H-1B quota.

Reader Comments

My sister is applying for a

My sister is applying for a preschool teacher position. So are you saying that that is not considered as "Institution of Higher Education?"

Preschool, "Institution of Higher Education?"

A typical preschool is not an "Institution of Higher Education".

Private institution of higher education

I am a foreign national just graduated from a US university and am still in the country. If I were to gain employment at a PRIVATE university/college will I be excluded from the yearly H1B quota? I understand that the quota is excluded for people working at a Non-Profit Organization, but article #4 claims that a university or college in the US (not mentioning private or public) would suffice. Also, what if the employer is a private high school? Thank you.

Private Universities and colleges may qualify for exemption

Private Universities and colleges may qualify as "Institutions of Higher Education",and thereby qualify for the H-1B exemption.The key issue is whether they are an "Institution of Higher Education", not whetherthey are public or private. A high school, in and of itself, is not an  "Institution of Higher Education".

Green card for person working for non=profit

I am planning to work for a non profit organization affiliated to a University. What is the procedure and prospects of me obtaining a green card through my employer. How long will it take for me to obtain the green card. Will the process be longer as I am coming from India. Will the process be faster considering I am applying through a non profit?

Temporary Visas (Work, Study, Tourist)

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Search for H1B Visa Employers

You can search for "H1B Visa Employers" using this database, which was compiled by Antao & Chuang, Attorneys at Law from government sources. This database identifies those U.S. employers who have filed for H-1B visas in the past, or who have at least started the process by filing for the LCA. If you find an employer you are interested in, you can then contact them to inquire as to whether they have any current job openings in your field. Please tell your friends about this valuable resource.

Use this form to search for H1B Visa employers.

"FMG Friendly" Employers

Foreign Medical Graduates ("FMGs") should be aware that there are "FMG Friendly" employers, and "FMG Unfriendly" employers. This database (compiled by Antao & Chuang, Attorneys at Law from government sources) identifies those U.S. employers who have filed for H-1B visas for foreign medical graduates in the past (or at least started the process by filing for the LCA), and who can therefore be deemed "FMG Friendly". Please tell your colleagues about this valuable resource.

Use this form to search for "FMG Friendly" employers in a given state.

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