有關2萬H-1B申請中U.S. Master’s Degre

有關2萬H-1B申請中U.S. Master’s Degree的要求 By: Beth Robertie, Esq. 在H-1B申請中，除開65,000個普通H-1B名額外，還有20,000個是專門為擁有美國碩士學位 (U.S. Master’s Degree) 以上的外國人士使用的。USCIS最近對於怎樣才是符合此學曆條件作出了一些指引。而對於一些如 “Doctor of Chiropractic” 的學位，USCIS已明確指出其並不能算是graduate degree。以下請看有關信息： 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. 本文由範毅禹律師事務所提供 本律師事務所精辦各類勞工應聘及專業移民申請 (包括H-1，L-1，EB-1，EB-2，NIW，勞工卡，綠卡等申請)。所有申請由多位美籍律師及擁有15年經驗的範毅禹律師親自處理，我所並特設中英移民網站。內有最新移民新聞資訊及由律師主持的移民問答集，歡迎讀者流覽查詢。 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]