Many are tempted to file their H1B under the Master’s Cap quota because the chances of making it in the H1B lottery seems to be higher. However, the actual question to be asked is whether all master’s degree from United States institution can qualify for the Master’s Cap? The simple answer is a big NO. While formerly the USCIS will accept most of the H1Bs with a US Masters degree under the “Master’s Cap”, they are now applying the law to the letter and they are strictly enforcing what has been existent under the US immigration laws.

Who Actually Qualifies under the Master’s Cap?

Those who have a degree from an institution of higher education that is “a public or other nonprofit institution.” Moreover, the institution must also be “accredited by a nationally recognized accrediting agency or association” or has been “granted a pre-accreditation status.”

In a simple language unaccredited institutions definitely don’t qualify and as for accredited school, one should check if the school is operating or was operating for profit or as a non-profit.

If someone is filing under the Master’s Cap, that person should actually make sure that he or she does qualify under “Master’s Cap”. Note that USCIS will not actually transfer the case to a regular H1B Cap in case the case is filed under the Master’s cap and found not to qualify under this category. In fact, they will probably just deny the case. So H1B 2016 is coming soon, make sure you check if you can file either under Master’s or Regular Cap!

What is happening to those who in the past filed under Master’s Cap while not meeting the actual legal requirements?

In the past few years, we have received and reviewed many cases which was filed under a Master’s Cap and where visa holder had already been on H1B visa for few years. At later stage, it was found that they do not fall under under the Master’s Cap. At this point, USCIS has been issuing many notices of intent to deny and actually denied such cases.

Therefore it does not seem the Department of Homeland Security (USCIS forming part of that) is willing to compromise on this issue. Not only some new cases are not being qualified under Master’s Cap but old cases are also being reviewed and ultimately denied.

What can you do?

We recommend you talk to an experienced lawyer to help you on your case before making a ‘fatal visa qualification mistake’. The Shah Peerally Law Group PC can actually help you. The law firm very well known in the community, and is led by renowned lawyer, Shah Peerally. Shah has been practicing immigration law for more than 10 years. Shah’s team and him have actually helped hundreds with their H1B petitions. Either it is H1B Cap 2015-2016, H1B Transfers, or any H1B related petition, the law firm can assist in all the steps. So please call them at 510 742 5887 or email [email protected] for actual help.