I have been working on OPT following my graduation with a master’s degree from a private, nonprofit U.S. university. …

… When I received my degree, my school was accredited by a nationally recognized accrediting agency, but it later lost its accreditation. My employer wants to file my H1B petition for the October 1st start date. Can they file it under the master’s cap, or should they file it under the regular cap?

Answer

To qualify for the master’s cap, the degree should be awarded by a public or nonprofit U.S. accredited institution of higher education. The key question here is whether the school must be accredited at the time of the issuance of the degree only or, also, at the time of filing of the H1B petition. The language of the relevant law defining “an institution of higher education” is somewhat ambiguous about the timing of the school accreditation. Therefore, it may be advisable for your employer to file your H1B petition under the regular cap to avoid future problems with this issue. (07.Apr.2017)

Questions frequently reach us from students on a variety of matters. This is a sample question, answered by an attorney in our firm. More information can be found in the student section of MurthyDotCom.

Access more FAQs here.

Copyright © 2017, MURTHY LAW FIRM. All Rights Reserved