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#5: Your Employer is a Nonprofit Research Organization or Government Research Organization

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If your Employer is a Nonprofit Research Organization or Government Research Organization, then your H-1B petition is exempt from the H-1B quota. The USCIS generally defines these two terms as follows:

A nonprofit research organization is an organization that is primarily engaged in basic research and/or applied research.
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A governmental research organization is a United States Government entity whose primary mission is the performance or promotion of basic research and/or applied research. Basic research is general research to gain more comprehensive knowledge or understanding of the subject under study, without specific applications in mind. Basic research is also research that advances scientific knowledge, but does not have specific immediate commercial objectives although it may be in fields of present or potential commercial interest.

Memorandum (Guidance Regarding Eligibility for Exemption from the H-1B Cap Based on §103 of the American Competitiveness in the Twenty-First Century Act of 2000, by Michael Aytes, Associate Director for Domestic Operations, USCIS).

Reader Comments

How can I obtain the

How can I obtain the definition of a "non profit research organization" as defined by US laws.
Are there a minimum set of publications that need to be in place in order for such an organization be recognized with that status ? Are there any other metrics to determine this status ?

Thanks

H1-B - NON PROFIT ORGANIZATIONS

Does the government and in particular local government qualify as non- profit and therefore exempt from all the normal restrictions and H1-B cap? I have been asked to be a specialist management consultant for the Mayor.

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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.

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"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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