<p>The US has said that in order to qualify for an H-1B numerical cap exemption based upon a master's or higher degree, the conferring institution must have qualified as a "United States institution of higher education" at the time the beneficiary's degree was earned.<br /><br />As mandated by the Congress, the US Citizenship and immigration Services (USCIS) can issue up to 65,000 H-1B visas, the most sought-after by Indian IT professionals, every year.<br /><br />In addition to this, another 20,000 foreign students having masters or higher degree from a US institute of higher education are exempted from the 65,000 Congressional limit.<br /><br />A clarification memorandum from the USCIS came in response to a petition in this regard by Leena R Kamat from California who temporarily sought to employee people under H- 1B visas having higher education.<br /><br />The Director of the California Service Center denied the H-1B petition, concluding that the beneficiary did not qualify for the claimed master's cap exemption.<br /><br />More specifically, the Director determined that the degree-conferring institution was not accredited at the time it awarded the beneficiary's master's degree, and thus the beneficiary had not earned his degree, as required, from a "United States institution of higher education".<br /><br />As per the US memorandum dated May 23, which was released to the press today, the USCIS ruled that the H-1B applicant had earned his degree from the International Technological University (ITU), in California, on December 31, 2010, before the university obtained its pre-accreditation or accreditation status.<br /><br />The record contains a letter from ITU, stating that the Accrediting Commission for Senior Colleges and Universities of the Western Association of Schools and Colleges (WASC) granted ITU "Candidacy status" in 2011.<br /><br />In April, US President Donald Trump signed an executive order for tightening the rules of the H-1B visa programme to stop "visa abuses".<br /><br />Trump said his administration is going to enforce 'Hire American' rules that are designed to protect jobs and wages of workers in the US.<br /><br />The executive order also called upon the Departments of Labour, Justice, Homeland Security, and the state to take action against fraud and abuse of our visa programmes.</p>
<p>The US has said that in order to qualify for an H-1B numerical cap exemption based upon a master's or higher degree, the conferring institution must have qualified as a "United States institution of higher education" at the time the beneficiary's degree was earned.<br /><br />As mandated by the Congress, the US Citizenship and immigration Services (USCIS) can issue up to 65,000 H-1B visas, the most sought-after by Indian IT professionals, every year.<br /><br />In addition to this, another 20,000 foreign students having masters or higher degree from a US institute of higher education are exempted from the 65,000 Congressional limit.<br /><br />A clarification memorandum from the USCIS came in response to a petition in this regard by Leena R Kamat from California who temporarily sought to employee people under H- 1B visas having higher education.<br /><br />The Director of the California Service Center denied the H-1B petition, concluding that the beneficiary did not qualify for the claimed master's cap exemption.<br /><br />More specifically, the Director determined that the degree-conferring institution was not accredited at the time it awarded the beneficiary's master's degree, and thus the beneficiary had not earned his degree, as required, from a "United States institution of higher education".<br /><br />As per the US memorandum dated May 23, which was released to the press today, the USCIS ruled that the H-1B applicant had earned his degree from the International Technological University (ITU), in California, on December 31, 2010, before the university obtained its pre-accreditation or accreditation status.<br /><br />The record contains a letter from ITU, stating that the Accrediting Commission for Senior Colleges and Universities of the Western Association of Schools and Colleges (WASC) granted ITU "Candidacy status" in 2011.<br /><br />In April, US President Donald Trump signed an executive order for tightening the rules of the H-1B visa programme to stop "visa abuses".<br /><br />Trump said his administration is going to enforce 'Hire American' rules that are designed to protect jobs and wages of workers in the US.<br /><br />The executive order also called upon the Departments of Labour, Justice, Homeland Security, and the state to take action against fraud and abuse of our visa programmes.</p>