Teaching Hospitals Still Exempt from H-1B Caps

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A liaison for the American Immigration Lawyers Association has reported that the U.S. Citizenship and Immigration Services (the “USCIS”) will be sending out a clarification that teaching hospitals affiliated with a medical school are still considered exempt from the H-1B cap, despite a recent decision by the USCIS Administrative Appeals Office (the “AAO”) rejecting an exemption claim by a non-profit acute care facility affiliated with a state college.

In that case, decided in December, the AAO found that the H-1B application beneficiary (a medical technologist) was not qualified for an exemption because she would be employed solely at the facilities of the acute care facility petitioner rather than at the site of or jointly with the state college. The AAO stated that “the locus actus, or place of performance, is paramount in determining whether a petitioner qualifies for an exemption from the H-1B cap as [part of] an institution of higher education.”

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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