Mohammad Ali Syed
by Mohammad Ali Syed
Nonprofit tax-exempt organisations have unique considerations with respect to navigating US immigration processes. Organisations hiring new talent or bringing employees across borders need to be aware of how their nonprofit corporate and tax-exempt statuses give them certain advantages in visas and immigration.
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:
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.
Offit Kurman is a full-service law firm that serves dynamic businesses, individuals and families. With 16 offices and nearly 250 lawyers, Offit Kurman provides innovative and entrepreneurial counsel that focuses on clients’ business objectives across more than 30 areas of practice.
Mohammad Ali Syed (Mo) is a Principal with Offit Kurman in the Washington, DC, metro area, where he is head of the firm’s Immigration Practice. He has broad experience in business, employment, and investment-based visas and immigration. Mo is former co-chair for the Immigration and Nationality Committee of the ABA International Law Section. Contact Mo.
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