H-1B Dismissed — Software Engineering (2020): the beneficiary did not qualify for the H-1B Master's Cap

Decision Summary

The appeal was dismissed because the beneficiary did not qualify for the H-1B Master's Cap exemption. The university that awarded the beneficiary's master's degree was not accredited at the time the degree was conferred, meaning it did not meet the statutory definition of a 'United States institution of higher education.' Since the beneficiary was not exempt from the numerical cap and the cap had been reached, the petition was properly denied.

Criteria Discussed

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