NFAP Policy Brief - Full Copy

NFAP Report on H-1B Denials/RFE Increase

In the 4th quarter of FY 2017, 72% of H-1B cases for Indians received a Request for Evidence, compared to 61% for all other countries. Data analyzed over the years show USCIS adjudicators deny more applications and issue a higher rate of Requests for Evidence for Indians on both H-1B and L-1 petitions.

Surge in General Category a help to Advanced degree ?

Will the surge in applications in the general category due the various factors including the application from students with masters degrees obtained in the United States that do not qualify as Instituted of Higher education as defined in section 101(s) of the HE Act of 1965

Institutions of higher education, as defined in section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a);

Under the definition, an institution of higher education is one which: 

• admits students who have completed secondary education; 
• is licensed to provide education beyond secondary school; 
• provides educational programs for which the institutions award bachelors’ degrees or provide programs of not less than 2 years that are acceptable for full credit toward bachelors’ degrees; 
• is a public or nonprofit institution; and 
• is accredited or has been granted pre-accreditation status by a recognized accrediting agency 

It is tough to interpret in complete detail but it appears as if the only combinations that is clearly difficult to qualify is (private+forprofit).

I think this would probably mean that their might either be a) no over subscription of the Advanced degree quota or b) greater hit ratio if it goes to the lottery because of a lesser pool.

Matthew Oh about USCIS seeking OMB Approval for Reform EB-1B Outstanding Researcher/Teacher Immigrant Petitions

The portion of the proposed rule addressing the evidentiary requirements for the EB-1 outstanding professor and researcher employment-based immigrant classification would allow for the submission of comparable evidence (achievements not listed in the criteria such as important patents or prestigious, peer-reviewed funding grants) for that listed in 8 CFR 204.5(i)(3)(i)(A) through (F) to establish that the EB-1 professor or researcher is recognized internationally as outstanding in his or her academic field. Similar to the benefits of harmonizing E-3, H-1B1, and CW-1 provisions, the harmonization of the evidentiary requirements for EB-1 outstanding professors and researchers with other comparable employment-based immigrant classifications would provide equity for EB-1 outstanding professors and researchers relative to those other employment-based visa categories. The proposed rule may also facilitate petitioners' recruitment of the EB-1 outstanding professors and researchers by expanding the range of evidence that may be adduced to support their petitions.

redbus2us.com

http://redbus2us.com/h1b-visa-sponsors/

A searchable database created by www.redbus2us.com.

The site has very valuable information for potential petitioners and provides very rational analysis on various topics of immigration.

University Qualification Issues for Masters CAP Exemption -

According to a notice issued by the Peddibhotla Law firm (Link ot article) there is a burgeoning issue that has recently arisen out of the California Service Centers which has broad implications for  foreign nationals that were previously “counted” in the “US Master’s Cap Exemption.” Specifically, the US Master’s Cap Exemption only applies U.S. Institutions of Higher Education as defined by 20 U.S.C. 1001(a). In relevant part, among other criteria, the school:

- Must be authorized by a State to provide post-secondary education; and
- Must be a public or other nonprofit institution; and
- Must be accredited by a nationally recognized accrediting agency or association recognized accrediting agency or association.

Keep in mind that even though your school is nationally or regionally accredited it should still be a not for profit/nonprofit institution.
 

Imminent Lottery

Early predictions of the FY 2015 from various sources experts indicate indicate an imminent lottery with a minimum oversubscription of 30-40 thousand in the general category and 5 to 10 thousand in the advanced degree quota.