H-1B visa ‘exemption’ for US PhD holders has conditions attached

The US said on Friday that in order to qualify for an H-1B numerical cap exemption based upon a master’s or higher degree, the conferring institution must have qualified as a “United States institution of higher education” at the time the beneficiary’s degree was earned.

As mandated by the Congress, the US Citizenship and immigration Services (USCIS) can issue up to 65,000 H-1B visas, the most sought-after by Indian IT professionals, every year.

In addition to this, another 20,000 foreign students having masters or higher degree from a US institute of higher education are exempted from the 65,000 Congressional limit.

A clarification memorandum from the USCIS came in response to a petition in this regard by Leena R Kamat from California who temporarily sought to employee people under H- 1B visas having higher education.

The Director of the California Service Center denied the H-1B petition, concluding that the beneficiary did not qualify for the claimed master’s cap exemption.