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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.
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.
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.