H-1B Cap Exempt Nonimmigrant Worker Pathway for Entrepreneur Employment in the United States of America (USA) Part 2

H-1B cap exempt employment authorization is considered Plan B or an alternative option if not selected for H-1B cap subject random lottery conducted annually in March.

8 CFR 214.2(h)(8)(iii)(F) Cap exemptions under sections 214(g)(5)(A) and (B) of the Act. A [non-citizen] is not subject to the numerical limitations identified in section 214(g)(1)(A) of the Act if the [non-citizen] qualifies for an exemption under section 214(g)(5) of the Act. For purposes of section 214(g)(5)(A) and (B) of the Act:

(1) “Institution of higher education” has the same definition as described at section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

(2) A nonprofit entity shall be considered to be related to or affiliated with an institution of higher education if it satisfies any one of the following conditions:

(i) The nonprofit entity is connected to or associated with an institution of higher education through shared ownership or control by the same board or federation;

(ii) The nonprofit entity is operated by an institution of higher education;

(iii) The nonprofit entity is attached to an institution of higher education as a member, branch, cooperative, or subsidiary; or

(iv) The nonprofit entity has entered into a formal written affiliation agreement with an institution of higher…