USCIS Addresses H-1B Cap Exemption for Nonprofit Entities Based on Relation or Affiliation
On March 18, 2011, USCIS announced that in response to stakeholder feedback, it was undertaking a review of its policy on H-1B cap exemptions for nonprofit entities that are related to or affiliated with institutions of higher education. USCIS stated that until further guidance is issued, it would temporarily give deference to prior cap-exemption determinations made since the issuance of the June 6, 2006 Aytes memorandum (AILA Doc. No. 06060861), absent any significant change in circumstances or clear error in the prior adjudication.
On May 2, 2011, USCIS released an April 28, 2011 memo (AILA Doc. No. 11050130) providing additional guidance on its interim policy. AILA submitted comments (AILA Doc. No. 11051731) in response to the interim guidance on May 16, 2011, and also provided a detailed memorandum of law to USCIS Director Alejandro Mayorkas (AILA Doc. No. 11051067), urging USCIS to borrow from other definitions of “related” and “affiliated” that more accurately reflect the generally accepted meanings of those terms, as it develops further guidance on this matter.