H-1B Cap Exemption Based on Relation or Affiliation

On March 16, 2011, the USCIS announced interim procedures that apply to non profit entities who have filed for H-1B exemption as related to or affiliated to an institution of higher education.  The USCIS will “give deference to prior determinations made since June 6, 2006, that a non-profit entity is related to or affiliated with an institution of higher education – absent any significant change in circumstances or clear error in prior adjudication.”  When filing the petition for extension requesting cap exemption, petitioners must include a copy of  a previously approved cap exempt petition including the attachments along with a copy of the approval notice.

The USCIS emphasized that this procedure is only in place for an interim period as they work on providing concrete and permanent guidance in connection with these petitions. A copy of the release is available at this link.