H1 cap exempt condition

[am8084]

Hi
I just read a page in the USCIS website (link below) that emphasizes "the burden remains on the petitioner to show that its organization previously received approvals of its request for H-1B cap exemption as a non-profit entity that is related to or affiliated with an institution of higher education". Does the employer really have to show the organization had approvals in the past? How about if they're applying for the first time or If the organization is new?

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=2eb0652c630ce210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

[shervin143]

If the employer is a non-profit organization and if they have not filed a CAP exempt petition in the past or if they are new, they can certainly file a new H1B petition that is exempt from CAP. A good immigration lawyer will know how to proceed as long as the employer is really a non-profit entity.