No announcement yet.

H1b visa cap for private - for profit graduate degree

  • Filter
  • Time
  • Show
Clear All
new posts

  • H1b visa cap for private - for profit graduate degree

    Hi Guys,
    I would like to share some valuable info, I learned through the below article which might help students.
    H1B Master's Cap: Requirements for Institution of Higher Education
    Until recently, the USCIS had been treating the master's cap petitions liberally with regard to the type of U.S. institution of higher education that granted the beneficiary's advanced degree. In recent months, however, we at the Murthy Law Firm have started receiving calls from concerned individuals about requests for evidence (RFEs) and denials of your petitions because the university, college, or school from which the beneficiary graduated did not meet the statutory requirement.
    Institution Must be Public or Other Nonprofit Institution
    Under the law, the beneficiary's U.S. degree must be issued by an institution of higher education that is "a public or other nonprofit institution." The institution must also be "accredited by a nationally recognized accrediting agency or association" or "granted a pre-accreditation status."
    As such, problems arise when the institution issuing a beneficiary's advanced degree is a for-profit and/or an unaccredited school. Degrees from such institutions do not meet the master's cap statutory requirement and, therefore, cannot serve as a basis for an H1B petition requesting one of the 20,000 such exemptions from the regular H1B cap. Current USCIS practice for cases filed under the master's cap without a qualifying degree is to deny such cases, rather than consider them under the regular cap.
    If the regular cap has been met by the time the problem is discovered, it would not be possible to re-file the case until the next cap season. In the case of unaccredited schools, care should be taken regarding any reliance on the particular degree in a re-filed case. This matter should be discussed with an immigration attorney and the risks understood and analyzed before any filing. As per the website, for profit – private University masters degree is not eligible for H1B masters quota and also the Green Card filing won’t fall under EB-2 Category (Masters) I am also a Master’s degree student from International Technological University in San Jose and the above information gave me relief and now I am happy that ITU is WASC Accredited Non-Profit University. That means the degrees from ITU are eligible for Masters Quota and while filing Green Card, my application will fall under EB-2 (Masters) category.

  • #2
    Your question will be reviewed by our moderator and posted on our wall at within 24-72 hours please follow the post and forum.
    *** Don't Miss Important Topics, Subscribe to our Newsletter at ***
    If you feel this community is useful, please invite your friends by following below steps
    1. Goto
    2. Find "Suggest to Your Friends" - Click on "See All" and Invite your friends
    3. If you can't find the link, refer

    In addition to the readers comments, You can also call attorneys for free advice. DesiOPT is collaborating with group of attorneys. You can contact them directly via email/ phone. Initial Consult is Free. Their information is listed on home page.
    we are providing direct links as well, please let us know your feedback after the call

    F1 visa students find OPT Jobs, CPT Jobs, OPT Employers, H1B Jobs, STEM OPT Jobs, OPT Students



    • #3
      My educational background involve I have done 2 bachelor [1]Bachelor in arts[2]Bachelor in law

      My future aim is to settle down in usa ----I find education is only mode by which i can get a job in usa and thereby earn salary there. I am from a middle class family and taking a huge loan and coming to usa KEEPING IN MIND THAT I WILL REPAY IT when i get job. After searching i found out that i have 2 option

      First to do mba from there [which provide me 1 year of opt and 1 chance to apply for h1b]


      but after some research i found that if i do stem degrees [masters in computer information system] i get 29 month extension and 3 chance of h1b process and i also came to know that most of h1b sponsors are hiring graduate students from IT field especially computers.and it is easy to find a job in IT field comparatively if you done an mba from a university not in top 20 as i cant afford those due to high tuition.Another reason is that as we know that h1b is a lottery so if i do mba and donot come into a lottery than icant work in usa and if i couldnot work in usa i cant pay my loan expenses by working in india and this education dream will be a curse and i donot want to go under that situation But if i choose an masters in computers even if i couldnot get a job in 1 year , i can work in opt and apply for next year due to stem extension.but my case has a demerit i have no IT experience some one told consultancy will solve your issue and make your resume look nice.please guide me showing real picure of usa??as this step will be turning point in my life?How the IT scene in usa ???Does stem student after graduation find a job?As my bachelor is not in computers and simple arts does it have any effect in visa or h1b or when employer looks at resume?Guide as i don't know IT scenario there?Bottom line is i donot want that situation in which i haven given a degree and said go back to india as earning in usa and settling down here is my priority and that is why i am taking education a a medium pathroute to usa in which i found IT field a safe step............................Guide

      PLEASE SAY IT FIELD REAL PICTURE IN REGARD TO JOB OPPORTUNITIES, AND HI1B for those who have completed their masters in usa?does fresher tag is a setback or consultancy will feel good

      email me [email protected]