Do I (Still) Qualify for the H1B Master Cap?

By |2017-06-01T15:14:42+00:00June 1st, 2017|Categories: Government Agency Actions - USCIS, ICE, etc., Visas - H-1b, L-1, E, O, TN|Tags: , , , , |

On May 31, 2017, USCIS released a memo clarifying that to be eligible for an H-1B cap exemption based on a Master’s Degree, the school from where the beneficiary obtained their degree has to have been a U.S. “institution of higher education” when the degree was earned. The policy memo cites to Matter of A-T- Inc., an “adopted decision,” meaning the decision is binding policy guidance for all USCIS personnel. As you probably know, there are only 65,000 H-1B visas available under the cap each year, with an additional 20,000 for people who have earned a master's degree or higher in the U.S. In their decision, the Administrative Appeals Office (AAO) stated, “[U]nder our interpretation, an individual who earns a degree from a (pre-)accredited institution may continue to qualify for the Master’s Cap exemption even if the institution later closes or loses its (pre-)accreditation status.” This will be an important memo to keep in mind as USCIS has, in some instances, gone back and reviewed a beneficiary’s initial H1B petition – and which cap they were counted under – while adjudicating a current extension. Even when the beneficiary has been in the U.S. for over 5 years.

H-1b Master’s cap reached !

By |2011-10-26T13:48:24+00:00October 26th, 2011|Categories: Visas - H-1b, L-1, E, O, TN|Tags: , , , |

The USCIS has announced that the 20,000 quota allocated to graduates of US Master's or higher degree programs for H-1b visas has been reached as of 10-21-2011. There are also less than 20,000 left in the regular quota and there has been a recent marked increase in the number of new filings. If the current pace continues, the cap will be reached in Dec, several months ahead of projections from only 30-45 days ago.

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