It’s H-1B Season

It’s H-1B season and there is one rule that all F-1 students should be aware of.

An F-1 student studying at a for-profit institution is not eligible for the H-1B Master’s Cap (Advanced Degree Exemption) unless the degree is earned from a U.S. institution that is properly accredited and qualifies as a nonprofit institution of higher education or is affiliated with one.

USCIS looks at:
• Whether the school is accredited
• Whether it qualifies as a U.S. institution of higher education
• Whether it meets the definition tied to a nonprofit or affiliated institution

For-profit Institutions do not qualify. As a result, students from those schools must apply under the regular H-1B cap and do not receive the additional 20,000 Master’s Cap advantage.

Students should also speak with their DSO before making any status-related decisions. Many students do not communicate with their DSO and later attempt to place blame on the school due to a lack of understanding.

A DSO will not know that you are applying for a change of status unless you inform them.

Working with an experienced immigration attorney also matters. A knowledgeable attorney will ask the right questions and assess whether you qualify for the Master’s Cap before applying. If you apply under the Master’s Cap when you are not eligible, you risk losing both time and money, as you may have to wait until the following year to apply under the regular H-1B cap.