The Build Fellowship by Open Avenues is a nationwide, cap-exempt H-1B visa fellowship offered to foreign nationals who qualify for an H-1B visa in the United States. Fellows obtain a cap-exempt H-1B visa with a Build Fellowship non-profit partner, for whom they are employed 5 or more hours per week and provide mission-advancing work through The Build Fellowship’s programming.
Build Fellows contribute to the social and economic success of the U.S. by working with non-profit partners across the country to offer best-in-class research, published content, 1-on-1 instructional sessions, and guidance to students and the public at large, covering critical knowledge areas ranging from computer science to molecular biology.
The H-1B visa is a non-immigrant visa that allows companies in the United States to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields such as in IT, finance, accounting, architecture, engineering, mathematics, science, medicine, etc. It is one of the most common visa types for foreign workers in the U.S. due to its applicability to a wide range of professional occupations.
The cap-exempt H-1B visa category allows certain U.S. employers to sponsor foreign nationals for H-1B visas without being subject to the annual H-1B numerical limitations, commonly known as the "H-1B cap." Unlike the regular H-1B category, which is limited by an annual quota set by the U.S. government, the cap-exempt category does not have a numerical limit and can accept applications year-round.
Institutions of higher education, related or affiliated non-profit organizations, nonprofit research organizations, and government research organizations are generally eligible to sponsor a cap-exempt H-1B visa.
It is through concurrent employment under 8 CFR 214.2(h)(8)(ii)(F)(6). 8 CFR 214.2(h)(8)(ii)(F)(6) specifically states that the two jobs can be lower than full time or more than full time, as long as “the beneficiary can reasonably and concurrently perform the work described in each employer’s respective petitions”. (6) Concurrent H-1B employment in a cap-subject position of an alien that qualifies for an exemption under section 214(g)(5)(A) or (B) of the Act shall not subject the alien to the numerical limitations in section 214(g)(1)(A) of the Act. When petitioning for concurrent cap-subject H-1B employment, the petitioner must demonstrate that the H-1B beneficiary is employed in valid H-1B status under a cap exemption under section 214(g)(5)(A) or (B) of the Act, the beneficiary's employment with the cap-exempt employer is expected to continue after the new cap-subject petition is approved, and the beneficiary can reasonably and concurrently perform the work described in each employer's respective positions.
Once an individual is approved and working for a cap-exempt organization, a new cap-subject employer can file a petition for concurrent H-1B employment at any time and does not have to go through the H-1B lottery process. The employee can start working for the new H-1B cap-subject employer upon the receipt of the H-1B petition. This is called H-1B portability.
As soon as Build Fellows are approved for a cap-exempt H-1B and start their fellowship, their full-time employer (typically subject to the annual lottery) can immediately file an H-1B for them concurrently.
The Build Fellowship’s nonprofit partners serve as the petitioners for cap-exempt petitions for 5 hours per week, and the full-time employer is the petitioner for the full-time concurrent employment. As for the timeline, the nonprofit partner’s cap-exempt petition is filed first. On the Build Fellow’s first day, an approval notice and employment verification letter are shared with the employer to include in the concurrent cap-exempt filing, to demonstrate employment with the cap-exempt organization.
There are three stages of the process to become a Build Fellow: Evaluation & Contracting, Visa Petition, and Employment. Prior to Contracting, we go through Evaluation to ensure candidates are well aligned with the Fellowship role and well positioned for a successful H-1B petition for The Build Fellowship and their full-time employer.
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