Form I-129 - Petition For A Nonimmigrant Worker - Department Of Homeland Security Page 21

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Section 3. Numerical Limitation Information (continued)
3. If you answered Item Number 1.d. "CAP Exempt," you must specify the reason(s) this petition is exempt from the numerical
limitation for H-1B classification:
a.
The petitioner is an institution of higher education as defined in section 101(a) of the Higher Education Act, of 1965,
20 U.S.C. 1001(a).
b.
The petitioner is a nonprofit entity related to or affiliated with an institution of higher education as defined in section
101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a).
c.
The petitioner is a nonprofit research organization or a governmental research organization as defined in 8 CFR 214.2(h)
(19)(iii)(C).
The petitioner will employ the beneficiary to perform job duties at a qualifying institution (see Item Numbers 3.a. - 3.c.
d.
above) that directly and predominately furthers the normal, primary, or essential purpose, mission, objectives, or
function of the qualifying institution, namely higher education or nonprofit or government research.
e.
The petitioner is requesting an amendment to or extension of stay for the beneficiary's current H-1B classification.
f.
The beneficiary of this petition is a J-1 nonimmigrant physician who has received a waiver based on section 214(l) of the
Act.
g.
The beneficiary of this petition has been counted against the cap and: (1) was previously granted status as an H-1B
nonimmigrant in the past 6 years, (2) is applying from abroad to reclaim the remaining portion of the 6 years, or (3) is
seeking an extension beyond the 6-year limitation based upon sections 104(c) or 106(a) of the American
Competitiveness in the Twenty-First Century Act (AC21).
h.
The petitioner is an employer subject to the Guam-CNMI cap exemption pursuant to Public Law 110-229.
Section 4. Off-Site Assignment of H-1B Beneficiaries
1. The beneficiary of this petition will be assigned to work at an off-site location for all or part of the
Yes
No
period for which H-1B classification sought.
If no, do not complete Item Numbers 2. and 3.
2. Placement of the beneficiary off-site during the period of employment will comply with the statutory
Yes
No
and regulatory requirements of the H-1B nonimmigrant classification.
3. The beneficiary will be paid the higher of the prevailing or actual wage at any and all off-site locations.
Yes
No
Form I-129 08/13/15 Y
H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplement
Page 21 of 36

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