{"id":1805,"date":"2022-03-11T23:21:11","date_gmt":"2022-03-11T23:21:11","guid":{"rendered":"https:\/\/oliverzhanglaw.com\/no-h-1b-visa-lottery-for-institutes-of-higher-education-affiliated-non-profits-and-government-agencies-for-research\/"},"modified":"2022-03-11T23:21:11","modified_gmt":"2022-03-11T23:21:11","slug":"no-h-1b-visa-lottery-for-institutes-of-higher-education-affiliated-non-profits-and-government-agencies-for-research","status":"publish","type":"post","link":"https:\/\/oliverzhanglaw.com\/zh-hans\/no-h-1b-visa-lottery-for-institutes-of-higher-education-affiliated-non-profits-and-government-agencies-for-research\/","title":{"rendered":"No H-1B Visa Lottery Necessary for Institutes of Higher Education, Affiliated Non-Profits, and Government Agencies for Research"},"content":{"rendered":"\n

By Jessabelle M. Koppelman, Esq. and Julie Oliver-Zhang, Esq. <\/p>\n\n\n\n

If you have the right employer sponsor, you can apply for an H1b visa anytime of the year and have no need to win a spot in the H-1B lottery. Every year, USCIS sets aside 85,000 H-1B visas that are subject to the lottery process. But did you know that some organizations are exempt from the cap? Qualifying organizations do not need to undergo random selection to compete for limited H1b visas. Indeed, federal law allows certain organizations to forego the lottery process, specifically:<\/p>\n\n\n\n

  1. Institutions of higher education;<\/li>
  2. Non-profit organizations related to or affiliated with an institution of higher education;<\/li>
  3. Non-profit research organizations; and<\/li>
  4. Government research organizations.<\/li><\/ol>\n\n\n\n

    See <\/em>INA \u00a7 214(g)(5)(A)-(B).<\/p>\n\n\n\n

    Determining if your organization is exempt from the H-1B visa cap can be tricky. Let\u2019s take a look at some of the fundamental characteristics of institutions of higher education and related or affiliated non-profits.<\/p>\n\n\n\n

    Institution of Higher Education<\/strong><\/p>\n\n\n\n

    USCIS relies on the Higher Education Act of 1965\u2019s definition of \u201cinstitution of higher education.\u201d Under the Act, key characteristics of a college university are:<\/p>\n\n\n\n