H-1B Visa Cap Definition:

Institution of Higher Education (“IHE”) .

The H-1B annual numerical cap does not apply to foreign nationals who obtain employment with “an institution of higher education…or a related or affiliated nonprofit entity.” INA § 214 (g) (5) (A).  An institution of higher education (“IHE”) for purposes of eligibilty for exemption to the H-1B visa numerical cap is defined as follows.

An educational institution in any State that:

(1) Admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate;

(2) Is legally authorized within such State to provide a program of education beyond secondary education;

(3) Provides an educational program for which the institution awards a bachelor's degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree;

(4) Is a public or other nonprofit institution; and

(5) Is accredited by a nationally recognized accrediting agency or association, or if not so accredited, is an institution that has been granted pre-accreditation status.

Additional institutions include:

(1) Any school that provides not less than a 1-year program of training to prepare students for gainful employment in a recognized occupation and that meets the provision of paragraphs (1), (2), (4), and (5) above; and

(2) A public or nonprofit private educational institution in any State that, in lieu of the requirement in subsection (a)(1) of this section, admits as regular students persons who are beyond the age of compulsory school attendance. 20 U.S.C. § 1001(a).