J1 to H1B My current J1 [Irish] expires in January and my company has agreed to sponsor me but I am unsure if I qualify for the cap exemption. It is a non profit and they do take interns on Master of Social Work but I am unclear on what link is needed to meet the requirements of the exemption. The job is the assistant program direct [job description in this link] https://www.e3applicants.com/cai/
I think so -but I did not look at the job description. I think you should talk to an attorney in person.
Since the employer is a non-profit you will not be subject to the numerical cap on H-1Bs, but hopefully the job position will also qualify as a "professional occupation" of an H-1B caliber, whose job duties are so complex as necessitating someone with at least a bachelor's degree or its foreign equivalent.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Two major concerns apply here:
1. Not all non-profits qualify for H1B cap-exemption: unless it is formally affiliated with a college or university, or unless it is principally a research organization, most private non-profits - such as a social-service or health-service organizations providing care in the community- are going to be subject to the H1B cap.
2. If you are seeking H-1B sponsorship in the SAME organization where you have been doing J-1 training, internship or graduate research, and it is NOT a university, and you will be doing essentially the same work, then there are fraud concerns, and the Dept of State accreditation of the umbrella organization that issued the DS-2019 for your J-1 program could be at risk if they file such an H1B. You need to discuss the specific facts of your case in detail, offline & privately, with an experienced immigration attorney.
This is general information only. It is not intended as a substitute for legal advice, and does not create an attorney-client relationship. For legal advice specific to your circumstances, you must consult an attorney in a confidential setting, not in an online forum.
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