H-1B’s, I-140’s and Unaccredited Master’s Programs

Please be aware that USCIS will deny H-1B visa applications filed under the Advanced Degree Exemption, often referred to as the Master’s Cap, for individuals who attended an unaccredited master’s program.

This also the case for I-140 Immigrant Petitions (2nd step of employment based green card process) filed under the EB-2 preference category for a position requiring an advanced degree.

The problem stems from the fact that the non-qualifying schools are SEVP certified schools and are therefore authorized to enroll international students.

Please check the appropriate Regional Accreditation website below based on the state in which the school is located:

  1. The Middle States Association of Colleges and Schools: http://www.middlestates.org/
    Accreditation of colleges in the Middle States region (Delaware, District of Columbia, Maryland, New Jersey, New York, Pennsylvania, Puerto Rico)
  2. The New England Association of Schools and Colleges: http://www.neasc.org/
    Accreditation of colleges in the New England region (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont)
  3. The North Central Association of Colleges and Schools: http://www.ncahlc.org/
    Accreditation of colleges in the North Central region (Arkansas, Arizona, Colorado, Iowa, Illinois, Indiana, Kansas, Michigan, Minnesota, Missouri, North Dakota, Nebraska, Ohio, Oklahoma, New Mexico, South Dakota, Wisconsin, West Virginia, Wyoming)
  4. The Northwest Commission on Colleges and Universities: http://www.nwccu.org/
    Accreditation of colleges in the North West region (Alaska, Idaho, Utah, Montana, Nevada, Oregon, and Washington)
  5. The Southern Association of Colleges and Schools: http://www.sacs.org/
    Accreditation of colleges in the Southern region (Alabama, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, Texas, Virginia)
  6. The Western Association of Schools and Colleges: http://www.wascweb.org/ Accreditation of colleges in the western region (California, Hawaii, please see website for complete list)

Here is an AAO decision relating the Regional Accreditation requirement.

There are no products