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Posts Tagged ‘US Master’s Cap’

Filing H-1Bs Under the US Master’s Cap

Tuesday, March 7th, 2017

By:  Allison McDonnell | Content Coordinator

Guide to USA_shutterstock_47911780 Converted (2)Non-Profit Institution

Recently, there has been a misunderstanding of the nuances concerning the US master’s cap eligibility.  In order for a graduate to qualify for the additional slots allotted for the US master’s cap, the institution must be either a public or a private non-profit university.  Therefore, if the institution issuing the advanced degree is a for-profit school, one usually in business to make money or turn a profit and pay taxes on those profits, that degree will not meet the master’s cap statutory requirement.

If a school is recognized as proprietary, it is a for-profit institution and, therefore, not eligible under the H-1B master’s cap criteria.  The IRS is the agency that permits qualifying nonprofit organizations to receive 501(c)(3) tax-exempt status and is a reliable source for information.

Accredited Institution

 Those applying for the US master’s cap must also ensure that the advanced degree they received was from a US institution that has national accreditation by a recognized agency or association.  Students should not only verify the accreditation directly with his/her school, but also independently verify these qualifications.  It is not sufficient that the school is SEVP certified.  Generally, state-operated colleges and universities meet the accreditation criteria.  Private institutions’ authorization to operate can be checked with the educational authorities of the state where the institution operates.  Most importantly, the Department of Education’s Database of Accredited Post-secondary Institutions and Programs should be used to verify whether the school is accredited by a nationally recognized accrediting agency.

Currently, USCIS will issue a denial for such cases filed under the master’s cap without a qualifying degree according to the above criteria, rather than consider them under the regular H-1B cap.  Therefore, if the issues were not discovered until after the regular cap is met, the graduate would need to wait an entire year to re-file under the regular H-1B cap.

A word to the wise — do your due diligence carefully before filing under the US Master’s Cap.  Please contact us should you have questions or wish to retain our services to handle your H-1B case filing.