Skip to main content

What is a Master’s degree exemption for the purposes of H-1B visa?

By July 23, 2020May 20th, 2021H-1B and E-3 Visa, Immigration
Immigration and Business Law

The H-1B visa is a non-immigrant visa that permits a company to hire workers in specialty occupations.

There are a limited number of H-1B petitions that USCIS can adjudicate every year – 65,000 Regular Cap petitions as set by the U.S. Congress. Please note that there are certain cap-exempt employers that are not counted towards the numerical limitations mentioned above. Please find more information on cap exempt companies here.

Students who have earned a Master’s or higher degree (for example a doctorate degree such as M.D., PH.D, J.D.) from a U.S. institution of higher education are exempt from the 65,000 H-1B visa camp. There are 20,000 spots reserved for individuals who earned a Master’s or higher degree form a U.S. institution of higher education. Once the 20,000 cap is reached, the Master’s H-1B registrations are subject to the 65,000 cap.

Please note that a Master’s degree is defined as a degree that is at least one level higher than a Bachelor’s degree, which is the essential component of a “masters or higher” degree.

Please click here if you want to find out more about the H-1B application process.

Please click here if you want to read more about the cap-gap extension.

FREE H-1B / E-3 Visa Resources

Click on the buttons below in order to claim your free H-1B / E-3 Visa Guide, sign up for our free H-1B / E-3 Visa Webinar, or watch our H-1B / E-3 Visa videos.

Download Our H-1B / E-3 Visa Guide
Sign Up For Our H-1B / E-3 Visa Webinar
Watch Our H-1B / E-3 Visa Videos

Set up an H-1B / E-3 Visa Consultation

For a dedicated one-on-one H-1B / E-3 Visa consultation with one of our lawyers, click on the button below to schedule your consultation.

Schedule a consultation

This website and blog constitutes attorney advertising. Do not consider anything in this website or blog legal advice and nothing in this website constitutes an attorney-client relationship being formed. Set up a one-hour consultation with us before acting on anything you read here. Past results are no guarantee of future results and prior results do not imply or predict future results. Each case is different and must be judged on its own merits.

Leave a Reply

We are happy to offer our H-1B / E-3 visa guide that describes the H-1B / E-3 visa requirements, and other advise to assist with your visa application.
For more info visit our H-1B / E-3 visa service page or schedule a consultation so we can handle your H-1B / E-3 visa process.