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Immigration Issues/Petition of H1B from a nonprofit


I work for a nonprofit organization and we are interested in hiring a programmer from India, currently in the states doing his MBA. He has a college degree in computer science and is eager to work for us. We are a nonprofit organization involved in HIV prevention nationwide. We are not related to any educational institution neither we are a religious organization. I was told that in order to offer the H1B work permit we should provide learning educational credits. How does it work? How do we offer these credits?  

Dear Andre Sepulveda,

Certain non-profit are exempt from the H-1B cap. To be exempt the non-profit should be a non-profit research institutions or a non-profit formally affiliated with an exempt educational institution.
Examples are hospitals, medical research institutions and it also would include nonprofit entity (that is connected or associated with an institution of higher education,through shared ownership or control by the same board or federation operated by an institution of higher education, or attached to an institution of higher education as a member, branch, cooperative, or subsidiary.

So to come under the exemption you should be one of the above. There is no such simple fix of offering educational credits to become a H-1B cap exempt employer. In your case it would involve reorganizing your non profit charter, obtaining accreditation to offer educational credits or signing an affiliation aggreement with an university and I am not sure what else.

Ramasamy Krishnan  

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

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