H1-B visa numerical cap exemption eligibility for higher education clarified by the US

Only the post-graduate or doctoral degrees that have been conferred by an institution in the US recognized as “United States institution of higher education" will qualify the degree holders for the numerical exemption of the H1-B visas, clarified the US. This recognition for the institution must be present at the time of conferring the degree to the students, as quoted by the New Indian Express.

In accordance with the directive of the US Congress, 65,000 H1-B visas can be issued annually by the US Citizenship and Immigration Services that are most renowned amongst the IT professionals in India. Apart from these, additional 20,000 Overseas Immigrant Students who have a post-graduate or doctoral degree earned from a higher education institute in the US can be offered the H1-B visas and these are exempt from the 65,000 limit imposed by the US Congress.

This clarification was issued by the USCIS with regards to a petition that was filed in California by Leena R Kamat who intended to provisionally recruit immigrants with higher education through the H1-B visas.

It was concluded by the California Service Center’s Director that recipient did not qualify for the H1-B exemption for post-graduate degree holders and denied the visa. The Director particularly pointed out that at the time of conferring the Post-Graduate Degree, the institution in question was not enjoying the accreditation of being a "United States institution of higher education” and thus the degree did not qualify for the visa exemption.

USCIS ruled in its memorandum dated May 23, 2017, that was shared with the media on June 1, 2017, that the applicant had earned the International Technological University’s post-graduate degree in December 2010 in California prior to the institution receiving the accreditation status.

As per the official records of the International Technological University accreditation status was granted to the intuition in 2011 by the Western Association of Schools and Colleges’ Accrediting Commission for Senior Colleges and Universities.

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