Who is not Subject to H-1B Cap? (Ⅲ)
We now know who the exempt petitioners are, but how do you know if your employer is a qualifying exempt employer? USCIS of course has given us detailed regulations and interpretations that describe each of the above.
- Institution of higher Education:
The definition of institution of higher education comes from the Higher Education Act of 1965. Under the definition, an institution of higher education is one which:
1. admits students who have completed secondary education;
2. is licensed to provide education beyond secondary school;
3. provides educational programs for which the institutions award bachelors degrees or provide programs of not less than 2 years that are acceptable for full credit toward bachelors degrees;
4.
Source:Visapro