H1B Visa Cap Exempt requirements

[vinodKunju]

Hi, I am offered a job by a charter school, which is a non profit organisation established on 2012, having affiliation with a higher education institution, having a memorandum of understanding with this higher education institution. They are not having any previous approved H1B visa. I am the first person who is going to apply for H1b visa considering that they are cap exempt. Does this institution fall under Cap Exempt and if so what documents will they need to provide to prove that they are cap Exempt.

Thank You

Please Help.

Vinod Madathil Kunju

[jackiet]

Hi, I am offered a job by a charter school, which is a non profit organisation established on 2012, having affiliation with a higher education institution, having a memorandum of understanding with this higher education institution. They are not having any previous approved H1B visa. I am the first person who is going to apply for H1b visa considering that they are cap exempt. Does this institution fall under Cap Exempt and if so what documents will they need to provide to prove that they are cap Exempt.

Thank You

Please Help.

Vinod Madathil Kunju

Hi Vinod,

Not sure if charter schools count. An institution of higher education:
-Admits students who have completed secondary education;
-Is licensed to provide education beyond secondary school;
-Provides educational programs for which the institutions award bachelors’ degrees or provide programs of not less than 2 years that are acceptable for full credit toward bachelors’ degrees;
-Is a public or nonprofit institution; and
-Is accredited or has been granted pre-accreditation status by a recognized accrediting agency.

The charter school may need to prove that it's somehow related or affiliated to an institution of higher education.

Cheers,
Jackie
*I am not a lawyer. Please do not take my opinions as legal advice.*