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#4: Your Employer is an "Institution of Higher Education", e.g., a College or University

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An "Institution of Higher Education", e.g., a College or University, is exempt from the H-1B quota, under current law. An "Institution of Higher Education" is generally a U.S. College or University (as defined in the Higher Education Act of 1965, section 101 (a), 20 U.S.C. section 1001(a)).

So, if your employer is a U.S. College or University, your H-1B petition will generally be deemed to be exempt from the H-1B quota.

Reader Comments

My sister is applying for a

My sister is applying for a preschool teacher position. So are you saying that that is not considered as "Institution of Higher Education?"

Preschool, "Institution of Higher Education?"

A typical preschool is not an "Institution of Higher Education".

Private institution of higher education

I am a foreign national just graduated from a US university and am still in the country. If I were to gain employment at a PRIVATE university/college will I be excluded from the yearly H1B quota? I understand that the quota is excluded for people working at a Non-Profit Organization, but article #4 claims that a university or college in the US (not mentioning private or public) would suffice. Also, what if the employer is a private high school? Thank you.

Private Universities and colleges may qualify for exemption

Private Universities and colleges may qualify as "Institutions of Higher Education",and thereby qualify for the H-1B exemption.The key issue is whether they are an "Institution of Higher Education", not whetherthey are public or private. A high school, in and of itself, is not an  "Institution of Higher Education".

Green card for person working for non=profit

I am planning to work for a non profit organization affiliated to a University. What is the procedure and prospects of me obtaining a green card through my employer. How long will it take for me to obtain the green card. Will the process be longer as I am coming from India. Will the process be faster considering I am applying through a non profit?

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