Not for Profit H1B

[mashmit2002]

I have a job offer from a not-for-profit company in the healthcare sector. I am on F1-OPT right now and they are ready to file my H1B around the time the OPT will expire. 

According to the HR there they are cap-exempt and can file for H1B anytime of the year. So I don't have to go through the lottery that will happen in April. 

 

I want to know if this holds for a healthcare company. My understanding was cap-expempt only applies to universities and research organizations but i maybe wrong. 

 

Are there any drawbacks of H1B through not-for-profit?

[jairichi]

I have a job offer from a not-for-profit company in the healthcare sector. I am on F1-OPT right now and they are ready to file my H1B around the time the OPT will expire. 

According to the HR there they are cap-exempt and can file for H1B anytime of the year. So I don't have to go through the lottery that will happen in April. 

 

I want to know if this holds for a healthcare company. My understanding was cap-expempt only applies to universities and research organizations but i maybe wrong. 

 

Are there any drawbacks of H1B through not-for-profit?

There are lots of other non profit organizations that work for charity. If the employer says so you can certainly ask around and confirm it.

[JoeF]

As you already said, only universities, non-profit research institutions affiliated with universities, and government research institutions are cap-exempt.

That institution is only cap-exempt if it falls into one of these categories. Are they, for example, a university hospital? Then they would be cap-exempt.

Simply being non-profit is not enough.

[t75]

You cannot change to a for-profit without waiting for quota

[busybee1990]

If I have a Bachelor, and my institute can only pay me less than $60,000, can my employer still apply me for a CAP exempt?

 

I ask this question because the U.S. department of Labor said on their page that "An exempt H-1B nonimmigrant is an H-1B worker who meets one of the following statutory standards: (1) Receives $60,000 annual wages; or (2) Has attained a master’s or higher degree (or its equivalent) in a specialty related to the intended H-1B employment. "

 

Reference: http://www.dol.gov/whd/regs/compliance/FactSheet62/whdfs62Q.pdf

[JoeF]

 

If I have a Bachelor, and my institute can only pay me less than $60,000, can my employer still apply me for a CAP exempt?

 

I ask this question because the U.S. department of Labor said on their page that "An exempt H-1B nonimmigrant is an H-1B worker who meets one of the following statutory standards: (1) Receives $60,000 annual wages; or (2) Has attained a master’s or higher degree (or its equivalent) in a specialty related to the intended H-1B employment. "

 

Reference: http://www.dol.gov/whd/regs/compliance/FactSheet62/whdfs62Q.pdf

 

A person on H1 ALWAYS has to get paid at least the prevailing wage for the job in the region where the job is located.

If the salary is less than the prevailing wage, an H1 will NOT get approved.

This is independent of cap or not. This applies to ALL H1s.

[busybee1990]

Thanks so much for your responses! I just want to clarify to make sure I understand it correctly. Will the prevail wage rule override the $60,000 rule? 

 

Here is the situation - If : The Prevail wage < My salary < $60,000 --> does it mean I am still eligible to apply for CAP exempt?

 

 "An exempt H-1B nonimmigrant is an H-1B worker who meets one of the following statutory standards: (1) Receives $60,000 annual wages; or (2) Has attained a master’s or higher degree (or its equivalent) in a specialty related to the intended H-1B employment. "

 

Reference: http://www.dol.gov/w...62/whdfs62Q.pdf

[JoeF]

 

Thanks so much for your responses! I just want to clarify to make sure I understand it correctly. Will the prevail wage rule override the $60,000 rule? 

 

Here is the situation - If : The Prevail wage < My salary < $60,000 --> does it mean I am still eligible to apply for CAP exempt?

 

 "An exempt H-1B nonimmigrant is an H-1B worker who meets one of the following statutory standards: (1) Receives $60,000 annual wages; or (2) Has attained a master’s or higher degree (or its equivalent) in a specialty related to the intended H-1B employment. "

 

Reference: http://www.dol.gov/w...62/whdfs62Q.pdf

 

That has nothing to do with being cap-exempt.

Being an "exempt employee" is a category in the labor law.

 

See http://www.dol.gov/elaws/esa/flsa/screen75.asp