ABCs OF H-1Bs (PART V OF VIII)

- ADVERTISEMENT -

DOES MY MASTER’S DEGREE QUALIFY FOR THE H-1B MASTER’S CAP?

Many F-1 visa holders, particularly those engaged in Optional Practical Training (OPT), seek to transition to H-1B status to work in the U.S. The H-1B program has an annual cap of 58,200 visas, with an additional 20,000 visas reserved for individuals who hold a master’s degree or higher from a U.S. college or university. However, not all master’s degrees qualify under this cap. Understanding the eligibility criteria is essential for F-1 students and prospective H-1B employers.

Understanding the H-1B Master’s Cap Selection Process

- ADVERTISEMENT -

Since April 1, 2019, USCIS has reversed the order in which it selects H-1B registrations. The process begins with selecting registrations from the entire applicant pool, including those eligible for the advanced degree exemption. Once this selection is complete, USCIS selects an additional 20,000 beneficiaries eligible for the master’s cap. This change increases the likelihood that individuals with U.S. master’s or higher degrees will be selected under the H-1B numerical allocations.

However, simply possessing a U.S. master’s degree does not automatically qualify an individual for the master’s cap. The degree must meet specific criteria outlined by U.S. immigration laws.

Criteria for a Master’s Degree to Qualify Under the H-1B Master’s Cap

To be eligible for the master’s cap, two primary requirements must be met:

1. The degree must be recognized as a master’s degree by USCIS.
2. The degree must be awarded by a “U.S. institution of higher education,” as defined under Section 101(a) of the Higher Education Act of 1965.

Determining Whether a Degree Qualifies as a Master’s Degree

USCIS does not solely rely on the title of a degree to determine its qualification for the master’s cap. Instead, adjudicators evaluate the academic requirements and structure of the degree program. Some professional degrees, such as a Juris Doctor (J.D.) or Doctor of Medicine (M.D.), may be considered equivalent to or higher than a master’s degree, as they require prior completion of a bachelor’s degree. Conversely, other doctoral-level programs, like Doctor of Chiropractic, may not qualify as they do not require a prior bachelor’s degree.

Institutional Requirements for the Master’s Cap

For a master’s degree to qualify under the H-1B master’s cap, it must be issued by an institution that meets the following five criteria under the Higher Education Act:

1. The institution must be public or a nonprofit organization.
2. It must be accredited by a nationally recognized accrediting agency.
3. It must admit only students who hold a secondary school certificate or equivalent.
4. It must be legally authorized to provide higher education within its state.
5. It must offer educational programs leading to a bachelor’s degree or higher.

These requirements ensure that degrees issued by for-profit institutions do not qualify for the master’s cap.

Case Study: For-Profit vs. Nonprofit Institutions

Consider two students holding Master of Business Administration (MBA) degrees from different institutions:

• A student with an MBA from DeVry University’s Keller School of Management, a for-profit institution, does not qualify for the H-1B master’s cap.
• A student with an MBA from Thunderbird School of Global Management, a nonprofit institution, does qualify.

However, the student from DeVry would still be eligible for the regular H-1B cap.

Key Considerations for Prospective H-1B Applicants

Students planning to pursue a master’s degree in the U.S. with the goal of qualifying for the H-1B master’s cap should carefully research their institution’s classification. Two crucial factors to verify are:

1. Whether the institution is public or private.
2. Whether the institution is nonprofit or for-profit.

Public institutions and private nonprofit institutions meet the eligibility requirements, while private for-profit institutions do not.

Final Thoughts

Holding a U.S. master’s degree does not automatically grant eligibility for the H-1B master’s cap. Prospective applicants should confirm their degree’s eligibility by reviewing their institution’s accreditation and nonprofit status. By making informed decisions, F-1 students can better position themselves for a successful H-1B application.

For more information or to have a precise analysis made about whether or not your case will qualify as a Master’s Cap H-1B nonimmigrant visa case we invite you to contact the immigration and nationality lawyers and attorneys at the Nachman, Phulwani, Zimovcak (NPZ) Law Group, P.C. by e-mailing us at info@visaserve.com or by calling us at 201-670-0006 (x104).

Related posts:

Do I still have a chance of getting an H-1B Visa? Does my Master’s degree qualify for the H-1B Master’s Cap? USCIS says it has made “Simple, smart” changes to make H-1B visa program work better What if my case did not get chosen in the H-1B lottery?