Visa options for international non-profits

H-1B — Specialty Occupation

The H-1B visa is one of the most common work visas for organisations that need to hire professional, qualified non-US citizen talent. Certain nonprofits can be exempted from the quota restrictions generally applicable to commercial employers.

Most employers compete for annual quote of 65,000 new H-1B visas per fiscal year and an additional 20,000 new H-1B visas for individuals who have graduated with a Master’s degree or above from a US university (for a total of 85,000). Some types of organisations and applicants are exempt from this cap, meaning they may submit new H-1B petitions at any time during the year, without concern for whether the H-1B cap limit has been reached. Cap-exempt categories include:

1. Employees offered positions at institutions of higher education (i.e., colleges and universities).
2. Employees offered positions at nonprofit entities related to or affiliated with institutions of higher education.
3. Employees offered positions at nonprofit research organisations.
4. Employees offered positions at governmental research organisations (which includes state and local government research entities in addition to federal ones).

Outside of the US/Looking to Establish an Office in the US

As organisations based in other countries expand markets and establish international missions and seek to operate from a US base, there may be an organisational need to establish an office located in the US In addition to the typical business registration requirements, foreign entities sending employees to the US to set up or support the new office need appropriate visas and work authorisation. For such situations and L-1A non- immigrant visa and the EB-1C permanent resident visa are good options. These both require one year of qualified work experience outside the US and a transfer to a qualified position with a qualified entity in the US. Such transfers can be to “new” offices or existing US entities.

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