Instructions For Petition For Nonimmigrant Worker (Form I-129) (Page 11 of 29) in pdf

A. Defined as a tax-exempt organization under the Internal Revenue Code of 1986, section 501(c)(3), (c)(4), or (c)(6)

(codified at 26 U.S.C. 501(c)(3), (c)(4), or (c)(6)); and

B. Has been approved as a tax-exempt organization for research or educational purposes by the Internal Revenue

Service.

4. This petition is the second or subsequent request for an extension of stay filed by the employer regardless of when

the first extension of stay was filed or whether the $1,500 or $750 filing fee was paid on the initial petition or the first

extension of stay;

5. This petition is an amended petition that does not contain any requests for extension of stay;

6. This petition is being filed to correct a USCIS error;

7. The employer is a primary or secondary education institution;

8. The employer is a nonprofit entity which engages in an established curriculum-related clinical training for students

registered at the institution of higher education.

What evidence is required under Section 2.?

Petitioners claiming an exemption from the $1,500 or $750 filing fee must submit evidence showing the organization or

entity is exempt from the filing fee.

Completing Section 3. of the H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplemental Form

All petitioners must complete Section 3., Numerical Limitation Information, to determine whether the beneficiary is

subject to the H-1B cap.

Public Law 110-229 provides that nonimmigrant workers admitted to Guam or CNMI are exempt from the statutory caps

for the H visa programs through December 31, 2019.

The Form I-129 H Classification Supplement and H-1B Data Collection and Filing Fee Exemption Worksheet require

employers to indicate the specific reason for any claimed cap exemption. Please select, in Section 3 of the H-1B and

H-1B1 Data Collection and Filing Fee Exemption Supplement, the reason(s) this petition is exempt from the numerical

limitation for H-1B classification:

1. The employer is an institution of higher education as defined in 20 U.S.C. 1001(a);

2. The employer is a nonprofit entity related to or affiliated with an institution of higher education as defined in 8 CFR

214.2(h)(8)(ii)(F)(2);

3. The employer is a nonprofit research organization or governmental research organization that is primarily engaged in

basic research and/or applied research as defined in 8 CFR 214.2(h)(8)(ii)(F)(3);

NOTE: To determine if you qualify for exemption from the H-1B cap as an institution of higher education, nonprofit

entity related to or affiliated with an institution of higher education, nonprofit research organization or governmental

research organization, please refer to the definitions of those terms in the section above (“Completing Section 2. of the

H-1B and H-1B1 Data Collection and Filing Fee Exemption Supplemental Form”).

4. The beneficiary will spend the majority of his or her work time performing job duties at a qualifying institution,

organization, or entity and those job duties directly and predominantly further the essential purpose, mission,

objectives, or functions of the qualifying institution, organization, or entity, namely, either higher education, nonprofit

research, or governmental research;

NOTE: The burden is on the H-1B petitioner to establish that there is a nexus between the duties to be performed by

the H-1B alien and the essential purpose, mission, objectives or functions of the qualifying institution, organization or

entity.

5. The beneficiary is currently employed at a cap-exempt institution, entity, or organization and you seek to concurrently

employ the H-1B beneficiary;

6. The beneficiary is a J-1 nonimmigrant physician who has received a waiver based on section 214(l) of the Act;

7. The beneficiary of this petition has been counted against the regular H-1B cap or masters cap exemption; and

A. This petition is an amended petition without an extension of stay request;

Form I-129 Instructions 01/17/17 N

Page 11 of 29

Instructions For Petition For Nonimmigrant Worker (Form I-129) Page 11

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