有关2万H-1B申请中U.S. Master’s Degre

有关2万H-1B申请中U.S. Master’s Degree的要求 By: Beth Robertie, Esq. 在H-1B申请中，除开65,000个普通H-1B名额外，还有20,000个是专门为拥有美国硕士学位 (U.S. Master’s Degree) 以上的外国人士使用的。USCIS最近对于怎样才是符合此学历条件作出了一些指引。而对于一些如 “Doctor of Chiropractic” 的学位，USCIS已明确指出其并不能算是graduate degree。以下请看有关信息： As many of you are aware, in addition to the 65,000 annual limit for H1B nonimmigrant visas, there is a 20,000 cap-exempt category that is reserved for graduates of United States institutions of higher education who have received a master’s degree or higher. USCIS has recently issued guidance regarding what will be considered a master’s degree for the purposes of this cap. Adjudicators are now being instructed to consider the place that the claimed master’s degree holds on the academic hierarchy of degrees. Specifically, the degree must be one “for which a bachelor’s degree in any field is required in order to obtain the master’s degree,” ensuring that the master’s degree is at least one level higher than the bachelor’s degree. For example, USCIS notes that in the field of chiropractic, there is an entry-level degree known as “Doctor of Chiropractic.” A bachelor’s degree in any field is not required prior to obtaining this degree. USCIS has determined that this is not a graduate degree at all. USCIS also notes that the master’s degree must come from a qualifying institution. An institution of higher education is defined as follows: an educational institution in any state that – 1. 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; 2. is legally authorized within such state to provide a program of education beyond secondary education; 3. provides an education 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 towards such a degree; 4. is a public or other nonprofit institution; and 5. 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 an 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. In order to qualify for a cap-exempt H1B reserved for graduates of a U.S. institution with a master’s degree or higher, both the degree itself and the institution must qualify. 本文由范毅禹律师事务所提供 本律师事务所精办各类劳工应聘及专业移民申请 (包括H-1，L-1，EB-1，EB-2，NIW，劳工卡，绿卡等申请)。所有申请由多位美籍律师及拥有15年经验的范毅禹律师亲自处理，我所并特设中英移民网站。内有最新移民新闻资讯及由律师主持的移民问答集，欢迎读者流览查询。 www.fan-law.com (Chinese) www.fanuslaw.com (English) CALIFORNIA : Fan, Fitzpatrick & Thompson, LLP. 370 E. Glenarm St., Pasadena , CA 91106 Tel: [phone] Fax: [phone] MARYLAND : Fan, Fitzpatrick & Thompson, LLP. 230 North Washington Street, Suite 400 , Rockville , MD 20850 Tel: [phone] Fax: [phone]