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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.
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.
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