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7 min read

What is the Relationship Between Non-Profit Organizations and the H-1B Work Visa?

Immigration

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Author

Jemima Owen-Jones

Published

October 09, 2024

Last Update

January 31, 2025

Table of Contents

An introduction to H-1B work visas and non-profit organizations

Which non-profit jobs are H-1B cap exempt?

H-1B work visas for non-profit organizations

How does the H-1B transfer to non-profit organizations work?

Fast-track your H-1B visa journey with Deel Immigration

An introduction to H-1B work visas and non-profit organizations

Many benefits await foreign workers who secure an H-1B work visa, allowing them to live and work in the US. While the H-1B work visa is the most competitive non-immigrant work visa, with the US government capping new H-1B visas at 65,000 annually, there is a way around this cap. This could be the path you take if it suits your circumstances.

For example, many non-profit organizations, including non-profit universities, are exempt from the H-1B work visa cap. As a foreign worker seeking a US work visa, it is essential to understand which visas are H-1B cap exempt and how you can qualify for them.

Which non-profit jobs are H-1B cap exempt?

According to the United States Citizenship and Immigration Services (USCIS), two categories of employers are exempt from H-1B visa quotas:

1. Institutions of higher education or affiliated entities

According to Section 101 (a) of The Higher Education Act, an institution of higher education must meet the following criteria to be exempt from the H-1B cap:

  • Admit students who have earned a high school diploma or equivalent secondary degree
  • Be professionally licensed to provide education beyond secondary school
  • Offer educational programs that award bachelor’s degrees or a minimum of 2 years of education towards a degree (i.e., associate’s degree)

2. Non-profit organizations associated with a government entity or an institute of higher education

According to USCIS guidelines, the non-profit organization must:

  • Be connected to an institution of higher learning by means of shared ownership and/or control, or as a branch, member, or subsidiary
  • Be a non-profit research organization whose primary purpose is to directly contribute to the research or education mission of the institution of higher education
  • Be a governmental organization defined as a US Government entity whose primary mission is the performance or promotion of basic research or applied research

The most common non-profit organizations sponsoring H-1B work visas for foreign applicants are colleges, universities, and establishments affiliated with institutes of higher learning. These typically include medical labs, research facilities, and teaching hospitals.

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H-1B work visas for non-profit organizations

The cap exemption for non-profit organizations sponsoring H-1B work visa applicants means that your application is more likely to be approved if:

  1. Your employer meets the cap-exempt criteria
  2. You fulfill the eligibility requirements

It is possible for a cap-exempt employer to file a petition on your behalf to bypass the usual process. For university professors, teaching fellows, university-based researchers, university-owned hospital staff, and others, this non-profit exemption offers a path to getting an H-1B work visa approved—unconstrained by predefined quotas that are also not subject to specific deadlines.

How does the H-1B transfer to non-profit organizations work?

Workers currently holding an H-1B work visa can file cap-exempt H-1B petitions for transfer to non-profit exempt status. The petition must identify a job offer to receive consideration for that H-1B transfer to a non-profit organization.

Getting the transfer could extend your stay in the US, change your terms of employment, and enable you to file extensions without being subject to the cap. However, the transfer does not work the other way around. Workers already on H-1B cap-exempt work visas cannot seek employment with employers subject to the cap without going through the lottery application process.

Transfers from one tax-exempt employer to another are possible and are another great benefit of the H-1B work visa for non-profit organizations.

Fast-track your H-1B visa journey with Deel Immigration

If you are pursuing an H-1B work visa for non-profit organizations, it is important to know that you don’t have to navigate the complex US immigration landscape alone.

Working with Deel Immigration can help guide you through the process, improving your experience and alleviating some of the challenges. Deel Immigration believes that immigration is a catalyst for innovation and that hardworking and gifted people deserve the chance to pursue any opportunity—regardless of birthplace.

If you wish to grow your business in the US, schedule a free consultation today, and we’ll help you navigate the process.

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About the author

Jemima is a nomadic writer, journalist, and digital marketer with a decade of experience crafting compelling B2B content for a global audience. She is a strong advocate for equal opportunities and is dedicated to shaping the future of work. At Deel, she specializes in thought-leadership content covering global mobility, cross-border compliance, and workplace culture topics.

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