sole employee at a non-profit?

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Oct 12th 2004, 6:33 pm

Curious Dude

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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...

Oct 12th 2004, 11:22 pm

Sylvia Ottemoeller

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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...