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ARTICLE · 25 NOVEMBER 2016

DHS Codifies And Clarifies The Parameters Of Cap-Exempt H-1B Employment

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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In a final regulation published on November 18, 2016 which takes effect on January 17, 2017, DHS has clarified the requirements and parameters associated with cap-exempt employment of H-1B workers...

United StatesEmployment and HR
Susan Cohen
Susan Cohen
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In a final regulation published on November 18, 2016 which takes effect on January 17, 2017, DHS has clarified the requirements and parameters associated with cap-exempt employment of H-1B workers by nonprofit entities that are affiliated with or related to an institution of higher education or other cap-exempt institutions. This final regulation also clarifies that governmental research organizations, also exempt from the H-1B cap, include federal, state and local organizations whose primary mission is the performance or promotion of basic or applied research.

Proving Affiliation with Cap-exempt Institution in Order to Claim an Exemption from the H-1B Quota

Until publication of this new regulation, there were three different ways that a nonprofit entity could demonstrate affiliation with an institution of higher education or other cap-exempt institutions such as a non-profit research institution or government research institution in order to seek exemption from

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