U.S. CIS has announced that it is reviewing its policies on H-1B cap exemptions for non-profit entities which are connected with an institution of higher education. Until new guidelines are issued, USCIS will give "deference" to prior cap exempt determinations made by USCIS since June 6, 2006" absent any significant change in circumstances (for example, a change from nonprofit to for-profit status) or clear error in the prior adjudication.

In order to qualify for the "affiliation" exemption, H-1B petitioners must provide evidence that the petitioner has previously been determined to be cap-exempt, such as a copy of relevant portions of a previously approved cap-exempt petition, a copy of the corresponding I-797 approval notice (dated after June 6, 2006), and any documentation submitted in support of the prior claimed cap exemption. USCIS also suggests that petitioners include a statement attesting that their organizations have been approved as cap-exempt after June 6, 2006.

To read the full memo issued by USCIS, click here.