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USCIS Restores H-1B Cap Exemption to Some Nonprofit Entities Affiliated with Institutions of Higher Education - April 25, 2011

On March 16th, the day before residency match positions were announced within the medical community, USCIS restored, as an interim policy, the H-1B cap exemption status for nonprofit entities that are related to or affiliated with an institution of higher education, provided the institution received a cap exemption after June 6, 2006. While the interim policy affects all institutions and their H-1B employees, it positively and disproportionately affects thousands of foreign national physicians, including medical residents and fellows. USCIS emphasized that cases must be filed with proof that a cap exemption was previously granted by filing copies of petitions and approval notices. It also stressed that these measures will only remain in place on an interim basis while the entire policy is being reviewed.