This memorandum clarifies how USCIS will interpret the clauses below when adjudicating H-1B petitions requesting exemptions to the H-1B cap: I) “employed (or has received an offer of employment) at” II) “an institution of higher education or a related or affiliated nonprofit entity” III) “a nonprofit research organization or a governmental research organization.” Institution of Higher Education or Related or Affiliated Nonprofit Entity An affiliated or related nonprofit entity. A nonprofit entity (including but not limited to hospitals and medical or research institutions) that is connected or associated with an institution of higher education, through shared ownership or control by the same board or federation operated by an institution of higher education, or attached to an institution of higher education as a member, branch, cooperative, or subsidiary. Nonprofit Research Organization or a Governmental Research Organization