sole employee at a non-profit?
Ok all,
I have been hit by the 65k H1 visa cap. When i told my boss that the H1Bs have run out for the entire year, she had the bright idea to suggest that i work for a non-profit that is run by our CEO. My duties would be similar to what i perform now. Now, this non-profit is completely bonafide, is registered with the IRS and pays its taxes. It is run by the CEO and some of my colleagues on a volunteer/as needed basis. Here is the situation. I will be its first "regular" employee. Is that a problem? Does USCIS need a minimum number of employees to validate approving a visa? Is there a certain "class" of non-profit that CIS approves H1 visas to? Thanks all, and am hoping that the Nov session of congress will make all this unncessary... |
Re: sole employee at a non-profit?
"curious dude" <[email protected]> wrote in message
news:[email protected] om... > I have been hit by the 65k H1 visa cap. When i told my boss that the > H1Bs have run out for the entire year, she had the bright idea to > suggest that i work for a non-profit that is run by our CEO. My duties > would be similar to what i perform now. This strategy may not help you at all. Only certain types of nonprofit organization are exempt from the H-1B cap: -an institution of higher education; -a nonprofit entity (including but not limited to hospitals and medical or research institutions) that is connected or associated with an institution of higher education, through shared ownership or control by the same board or federation operated by an institution of higher education, or attached to an institution of higher education as a member, branch, cooperative, or subsidiary -a nonprofit research organization or governmental research organization See 8 CFR 214.2(h)(19), available through http://uscis.gov/graphics/lawsregs/8cfr.htm. > Now, this non-profit is completely bonafide, is registered with the > IRS and pays its taxes. It is run by the CEO and some of my colleagues > on a volunteer/as needed basis. > Here is the situation. I will be its first "regular" employee. Is that > a problem? Does USCIS need a minimum number of employees to validate > approving a visa? Is there a certain "class" of non-profit that CIS > approves H1 visas to? Yes, this could be a problem. It's not so much the class of nonprofit or the fact that you would be the only regular employee. Would the position really qualify as a specialty occupation requiring at least the academic preparation of a bachelor's degree in a specific field related to the duties? A competent immigration attorney should be assisting with the H-1B case. > Thanks all, and am hoping that the Nov session of congress will make > all this unncessary... |
Re: sole employee at a non-profit?
Sylvia,
thank you for the opinion you offered. You are right, and i have abandoned that option. |
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