H-1B Advanced Degree (Master's or higher from U.S. Institution) Exemption - Masters Cap

Jan 30, 2019
Non-Immigrant Visa

Welcome to The Deng Law Firm, your premier destination for comprehensive immigration and visa services. With our dedicated team of experts, we specialize in assisting individuals and businesses with various immigration needs. In this section, we will delve into the intricacies of the H-1B Advanced Degree Exemption for individuals holding Master's or higher degrees from U.S. institutions.

Understanding the H-1B Advanced Degree Exemption

The H-1B visa program allows U.S. employers to hire foreign workers in specialized occupations. The Advanced Degree Exemption, also known as the "Masters Cap," is a provision that grants a select number of H-1B visas specifically for individuals with advanced degrees obtained from U.S. institutions.

For employers seeking to hire foreign professionals who hold a Master's degree or higher from a U.S. institution, the Advanced Degree Exemption presents an opportunity to bypass the regular H-1B lottery process, which can be highly competitive due to limited annual visa quotas.

Eligibility Criteria

To qualify for the H-1B Advanced Degree Exemption, individuals must meet the following criteria:

  • Master's or higher degree: The applicant must possess a Master's degree or higher from a qualifying U.S. institution.
  • Job position: The employment must require a specialized occupation that is directly related to the individual's field of study.
  • Petition filing: The employer must file the H-1B petition on behalf of the candidate during the designated filing period.

The Advantages of the Advanced Degree Exemption

Choosing the H-1B Advanced Degree Exemption for eligible candidates offers several advantages:

  • Increased probability of selection: As the Master's Cap is reserved for individuals with advanced degrees, the chances of selection in the H-1B lottery are higher compared to the general category.
  • Expedited processing: USCIS prioritizes Advanced Degree Exemption cases, resulting in faster processing times and potentially earlier employment start dates.
  • Reduced competition: The Master's Cap is separate from the regular H-1B cap, which means individuals with advanced degrees face less competition during the visa application process.

Application Process

The application process for the H-1B Advanced Degree Exemption involves multiple steps, including:

  1. Labor Condition Application (LCA): The employer must submit an LCA to the Department of Labor, ensuring compliance with prevailing wage requirements and labor conditions.
  2. H-1B petition: The employer files an H-1B petition, including supporting documentation and the required USCIS filing fees.
  3. Cap-subject filing period: The H-1B petition must be filed during the designated filing period, typically starting on April 1st each year.
  4. USCIS processing: USCIS reviews the H-1B petition and, if approved, issues an H-1B visa for the beneficiary.

Partner with The Deng Law Firm

At The Deng Law Firm, we understand the complexities surrounding immigration regulations and the nuances of various visa programs. With our extensive experience and expertise in immigration law, we are well-equipped to guide you through the H-1B Advanced Degree Exemption process.

Our team of dedicated professionals will handle every aspect of your case, from initial consultation to filing the necessary petitions and supporting documentation. We prioritize clear communication, ensuring you stay informed throughout the entire process.

Don't let the intricacies of the H-1B Advanced Degree Exemption deter you from pursuing opportunities in the United States. Contact The Deng Law Firm today and let us help you navigate the path to a successful visa application.

Contact us

If you have any questions or require further information, please do not hesitate to reach out to our knowledgeable team. Call us at XXX-XXX-XXXX or email [email protected]. We look forward to assisting you with your immigration needs.

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