Definition of an Advanced degree to qualify for 20,000 H1B CAP

Nature of U.S. Education or Degree

Do you know – The main ingredient of considering an US advanced degree is (according to May 2nd Memo) if a bachelor's degree is a prerequisite to obtaining the master's degree or higher. So if you were double promoted in your school that does not affect in considering you as an Advance degree fella….

“The Memo explains that certain degrees, such as the J.D. (Juris Doctor or law degree) or M.D. (Medical Doctor), require the holder first to have a bachelor's degree. These degrees are considered at least equal to, if not beyond, a master's level. Conversely, the Memo points out, for example, that the degree of Doctor of Chiropractic is the entry-level degree in the field, without the prerequisite of a bachelor's degree, so it does not count as an advanced degree for the 20,000 H1B cap exemption purposes”.


Nature of Issuing Institution

This is the primary question even I faced in one of a Russian University, which was physically located in Russia, but directly (sort of) affiliated some US University.

In order to qualify as a master's degree or higher, the Memo explains that the degree must be issued by a U.S. educational institution located in any state (in United States) that:

(a) admits as regular students only persons having a certificate of graduation from a school providing secondary education or the recognized equivalent of such a certificate;
(b) is legally authorized within such state to provide a program of education beyond secondary education;
(c) provides an educational program for which the institution awards a bachelor's degree or provides not less than a 2-year program that is acceptable for full credit toward such a degree;
(d) is a public or other nonprofit institution; and
(e) is accredited by a nationally recognized accrediting agency or association or, if not so accredited, is an institution that has been granted pre-accreditation status by such agency or association that has been recognized by the secretary for the granting of pre-accreditation status, and the secretary has determined that there is satisfactory assurance that the institution will meet the accreditation standards of such an agency or association within a reasonable time.

1 comment:

Gregor Renk said...

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