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USCIS clarifies school criteria for H-1B master's cap-exempt petitions

  1. Original Date Announced

    May 23, 2017

    A new USCIS policy memo states, through an adopted decision, that to be eligible for an H-1B cap exemption based on a master’s degree, the school involved has to have been a U.S. “institution of higher education” when the degree was earned. [ID #472]

    USCIS Policy Memorandum (PM-602-0145): *Matter of A-T- Inc*, Adopted Decision 2017-04 (AAO May 23, 2017)
  2. Effective Date

    May 23, 2017

Current Status

Fully in Effect

Original Trump Policy Status

Status: Final/Actual
Trump Administration Actions: Adjudication Agency Directive
Agencies Affected: USCIS

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