H-1B , Filing for Contract Job at a Non-Profit Client

[kranthikumar]

I am working as a contractor through a consulting agency, to a non-profit company. If my employer/agency is filing for H-1B for this contract job at this client which is a non-profit organization, will it be still considered as an exemption from the H-1B quota CAP ? Or it is not exempted from the quota? Please help, Thanks !

[jairichi]

I am working as a contractor through a consulting agency, to a non-profit company. If my employer/agency is filing for H-1B for this contract job at this client which is a non-profit organization, will it be still considered as an exemption from the H-1B quota CAP ? Or it is not exempted from the quota? Please help, Thanks !

It is cap subject as the classification depends on your employer and not on the client for whom the job is done.

[rahul412]

I am working as a contractor through a consulting agency, to a non-profit company. If my employer/agency is filing for H-1B for this contract job at this client which is a non-profit organization, will it be still considered as an exemption from the H-1B quota CAP ? Or it is not exempted from the quota? Please help, Thanks !

It's not cap exempt. Sponsoring employer should be non profit organization.

[kranthikumar]

It is cap subject as the classification depends on your employer and not on the client for whom the job is done.

Thank you for the clarification.

[kranthikumar]

It's not cap exempt. Sponsoring employer should be non profit organization.

Thank you for your reply.

[sthomas]

You can go for cap exempt in certain cases like these, as per a memorandum from USCIS, dated June 06, 2006 

 

try "Guidance Regarding Eligibility for Exemption from the H-1B Cap" in search engine, and find the memo from 2006. I am just copy pasting a relevant part from it

 

"USCIS recognizes that Congress chose to exempt from the numerical limitations 

in section 214(g)(1) aliens who are employed “at” a qualifying institution, which is a 

broader category than aliens employed “by” a qualifying institution. USCIS interprets 

the statutory language as reflective of Congressional intent that certain aliens who are not 

employed directly by a qualifying institution may nonetheless be treated as cap exempt 

when such employment directly and predominately furthers the essential purposes of the 

qualifying institution"