H-1B Dismissed — Business Analysis (2017): the beneficiary's master's degree did not qualify for the

Decision Summary

The appeal was dismissed because the beneficiary's master's degree did not qualify for the H-1B Master's Cap exemption. The degree-conferring institution was a for-profit entity at the time the beneficiary earned her degree, but the law requires the institution to be a 'public or other nonprofit institution' to be considered a 'United States institution of higher education' for this exemption. The AAO determined this status must be met at the time the degree is conferred, not at a later date.

Criteria Discussed

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