Is it true that the non-profit organizations are cap exempt for H1B visas?

Question

I would be interested in a not-for-profit medical center. Do you think that they are cap exempt and therefore can hire H1B people anytime in the year?

Answer 1

I am not sure about the non-profit having the advantage cap exempt, I know the applicants pay less fee for the petition.  Also, Applicants who have  master's degree are and who already had approval before are exemp from the cap.

Answer 2

http://www.uscis.gov/files/form/i-129ins...

Answer 3

Yes this is true. The company however, must qualify to sponsor an employee.

Answer 4

yes its true unfortunately

Answer 5

The exemption is for cases based upon an "offer of employment 'at' an institution of higher education, a related or affiliated nonprofit entity, a nonprofit research organization, or a governmental research organization."

Not all non-profit organizations qualify.

USCIS, in order to determine if the related or affiliated nonprofit entity is exempt, the entity must be “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.”

A nonprofit research organization as defined by the USCIS is “an organization that is primarily engaged in basic research and/or applied research.”  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.”