H-1B Visas for Nonprofit Organizations

According to data from the National Council For Nonprofits, there are 1.3 million nonprofit organizations (NPO) in the United States that employ over 12 million people. H-1B visas allow NPOs to seek some of the best talent from across the globe to grow their businesses and further their missions.

Let MVP Law Group Guide You Through the H-1B Process

Navigating the H-1B process for NPOs is complicated due to the complex nature of the rules and regulations.

At MVP Law Group, we can help you understand the requirements for the H-1B visa program, collect the documents and evidence you need for your application, and support you with any challenges that might come up. Don't hesitate to contact us now to find out more about how we can assist you.

What is a Nonprofit Organization?

A nonprofit organization (NPO) is a type of entity that operates for the public benefit rather than for the purpose of generating profits for owners or shareholders. Rather than distributing profits to individuals, the organization uses any extra money to support its mission and work towards its objectives. The primary goal of an NPO is to further a specific cause, such as:

  • Social

  • Charitable

  • Religious

  • Educational

  • Scientific

  • Humanitarian

Depending on the NPOs mission and purpose, it can employ people in a variety of different positions, like:

  • Program Managers/Coordinators, who plan and oversee specific projects or programs.

  • Fundraisers/Development Officers to raise funds through various channels like grants and events.

  • Marketing and Communications Specialists to manage the organization's image and outreach.

  • Social Workers/Counselors to provide support to individuals and communities in need.

  • Advocacy and Policy Specialists, who influence policies related to the organization's mission.

  • Finance and Accounting Professionals who handle financial management and reporting.

  • Human Resources to manage recruitment and employee relations.

  • Research and Evaluation Specialists to measure the impact of programs.

  • Education Specialists, who develop the organization’s educational initiatives.

  • Event Coordinators organize events to promote the cause.

  • Environmentalists/Conservationists to work on environmental projects.

  • Health and Wellness Professionals, who provide healthcare services and manage programs.

  • Volunteer Coordinators who recruit and manage volunteers.

  • IT and Technology Specialists to manage the NPO’s technology infrastructure.

  • Legal Counsel to provide legal advice and ensure compliance.

In order to meet the requirements for obtaining an H-1B visa, the prospective employee must have obtained, at minimum, a bachelor’s degree in a specific field and their position must be categorized as a “specialty occupation” requiring at least a bachelor’s degree in a specific field. However, there are certain elements of an NPO that are different as it relates to the H-1B process.

How Does the H-1B Process Apply to Nonprofit Organizations?

While the H-1B visa process applies to individual workers, when an NPO wants to sponsor one of these workers for a visa, the process deviates slightly. While the worker still needs to gather the necessary documentation and prepare an application, United States Citizenship and Immigration Services (USCIS) provides an “exemption” for NPOs so long as they meet certain criteria:

  • Related or Affiliated to a Higher Education Institution, or

  • Primarily engaged in basic research and/or applied research.

With these criteria met, the NPO can move forward with sponsoring an H-1B visa for a worker. Additionally, working for an NPO can offer certain advantages, like:

  • Cap-exempt status - Nonprofit organizations are exempt from the annual H-1B visa numerical cap, which means they can sponsor H-1B workers even if the regular cap has been reached. This provides more opportunities for H-1B visa applicants to secure employment with an NPO.

  • Meaningful work - Many people find fulfillment in working for NPOs as they focus on social welfare, humanitarian causes, education, healthcare, or other essential services. Contributing to such a mission-driven organization can provide a strong sense of purpose and job satisfaction.

  • Exposure to diverse projects - Nonprofits often work on various projects and initiatives, giving H-1B workers the opportunity to gain experience in different areas and develop a broader skillset.

  • Impact on the community - Nonprofits are committed to making a positive impact on society and communities, and H-1B workers can be proud of contributing to these efforts.

  • Potential for green card sponsorship - NPOs may be more inclined to support their valuable H-1B employees in the pursuit of permanent residency (green card) if they are making significant contributions to the organization's mission.

These benefits can differ based on the nonprofit's mission and overall management. Thus, H-1B visa applicant should evaluate the organization, its goals, and career opportunities before accepting an offer, just like any other job.

Contact MVP Law Group Today

When you are trying to navigate the H-1B process, an immigration lawyer can help simplify the process. At MVP Law Group, we have the experience and knowledge necessary to help you or your NPO through the H-1B application. Our team can help you navigate the complexities of an H-1B application and support you every step of the way. Contact us today to set up a consultation.