#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

Fri, 02/22/2008 - 11:35am — AJ (not verified)

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

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