United States Issues Clarification On Higher Education H-1B Exemption Criteria


An information memorandum from the USCIS was available in action to a petition in this regard by Leena R Kamat from California who momentarily looked for to staff member individuals under H-1B visas having college.

Washington: The United States stated today that in order to receive an H-1B mathematical cap exemption based upon a master’s or greater degree, the giving organization should have certified as a “United States organization of college” at the time the recipient’s degree was made.

As mandated by the Congress, the United States Citizenship and migration Services (USCIS) can provide as much as 65,000 H-1B visas, the most popular by Indian IT specialists, every year.

Another 20,000 foreign trainees having masters or greater degree from a United States institute of greater education are excused from the 65,000 Congressional limitation.

An explanation memorandum from the USCIS can be found in reaction to a petition in this regard by Leena R Kamat from California who momentarily looked for to worker individuals under H-1B visas having college.

The Director of the California Service Center rejected the H-1B petition, concluding that the recipient did not receive the declared master’s cap exemption.

More particularly, the Director identified that the degree-conferring organization was not recognized at the time it granted the recipient’s master’s degree, and hence the recipient had actually not made his degree, as needed, from a “United States organization of college”.

According to the United States memorandum dated May 23, which was launched to journalism today, the USCIS ruled that the H-1B candidate had actually made his degree from the International Technological University (ITU), in California, on December 31, 2010, prior to the university got its pre-accreditation or accreditation status.

The record consists of a letter from ITU, mentioning that the Accrediting Commission for Senior Colleges and Universities of the Western Association of Schools and Colleges (WASC) approved ITU “Candidacy status” in 2011.

In April, United States President Donald Trump signed an executive order for tightening up the guidelines of the H-1B visa program to stop “visa abuses”.

Trump stated his administration is going to implement ‘Hire American’ guidelines that are developed to safeguard tasks and salaries of employees in the United States.

The executive order likewise hired the Departments of Labour, Justice, Homeland Security, and the state to do something about it versus scams and abuse of our visa programs.