May 23, 2017, Washington D.C. U.S. Citizenship and Immigration Services (USCIS) has issued an internal policy guidance to its personnel that in order to qualify for an H-1B numerical cap exemption based upon a master’s or higher degree, the degree conferring institution must have qualified as a “United States institution of higher education” at the time the beneficiary’s degree was earned.
USCIS issued this policy memorandum to designate a decision of the Administrative Appeals Office (AAO) in Matter of A-T- Inc as an Adopted Decision. Accordingly, this adopted decision establishes policy guidance that applies to and binds all USCIS employees.
Adhikari Law PLLC has handled numbers of H-1B petitions with complex issue regarding the eligibility for H-1B U.S. Master’s Cap. Please feel free to call us (202- 496-1295) or email us (firstname.lastname@example.org) if you would like to schedule a consultation to evaluate your degree to determine if it will qualify for U.S. Master’s CAP or not. We can also advise about the degree’s eligibility for Optional Practical Training (OPT) as well as STEM extension.