Issues to Consider if Filing in the H-1B Master’s Cap this Year
The current annual cap as set by Congress for new H-1B petitions is 65,000 (regular cap). An advanced degree exemption is available for the first 20,000 petitions filed for an individual who has obtained a U.S. Master’s degree or higher. This is commonly referred to as the “Master’s cap.”
If the cap is reached within the first 5 days of the new filing season, USCIS will stop accepting petitions and a computer-generated random selection process, also called the “lottery”, will be used to select petitions. Those with U.S. Master’s degrees are at an advantage because they essentially receive 2 shots in the lottery process.
The lottery system will first be conducted for the advanced degree exemption petitions (Master’s cap). Any petitions filed and not selected for those with a U.S. Master’s degree or higher will count against the regular cap.
Just because you have a U.S. Master’s degree does not always mean you are eligible to apply in the Master’s cap. Here’s why:
In order to qualify under the Master’s cap, an individual must have graduated from a proper U.S. institution of higher education. This means that the university or college must be:
- Public or other Nonprofit; and
- Accredited by a nationally recognized accrediting agency or association
Both factors must be met in order to qualify under the Master’s exemption. USCIS looks closely into these requirements; so even if one of the criteria is missing, your H-1B petition will very likely be denied.
Further, it is not safe to assume that your university meets the requirements above. For instance, sometimes institutions undergo changes that impact their accreditation status. In order to qualify under the Master’s cap, the U.S. institution must have been accredited at the time your degree was granted.
Let’s say your university was first properly accredited as of January 1st, 2018. If your Master’s degree was awarded prior to this date, you would not qualify under the Master’s cap because your degree was not granted at the time the university was accredited.
Now what if your university was properly accredited, but subsequently lost its accreditation? We saw this issue arise last year with schools accredited by ACICS.
On December 12, 2016, the Accrediting Council for Independent Colleges and Schools (ACICS) was stripped of its status as a nationally-recognized accreditation agency. Therefore, if you were granted a U.S. Master’s degree from a school after December 12, 2016 that was previously accredited by ACICS, it is not recommended that you file in the Master’s cap. On the other hand, if you graduated from a university accredited by ACICS prior to December 12, 2016, the Master’s cap is still an option for you.
The key here is to demonstrate that the institution was accredited by a nationally recognized accrediting agency or association at the time the degree was granted.
These are just a few examples of why it is never safe to assume you are eligible for the Master’s cap just because you have a U.S. Master’s degree. You should first seek advice from a qualified immigration attorney to help determine your eligibility. You may find that filing in the “regular cap” is the best option for you.
Taking these necessary steps may help you avoid a denial of your H-1B petition and save you precious time and energy. As you know, if your case is filed improperly, you may not have another chance to file in the cap until April 2019.
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