H1B REF to prove that my univ is certified


i have applied for H1b PP this year. i got a REF to prove that my univ iscertified as an institution of higher education as described under Section 101 (a) of Higher Education Act of 1965, (pub. Law 89-32), 20 U.S.C.

has any one who studied in Stratford University or any other got this kind of RFE? if so can you please let me know how you answered this RFE.

You should check w/ your school about this.

My DSO gave a letter satisfying 4 points, he told me that they cannot satisfy the 4th point as univ is not public or non profit organization.

(a) Institution of higher education
For purposes of this chapter, other than subchapter IV, the term “institution of higher education” means 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, or persons who meet the requirements of section 1091 (d) of this title;
(2) is legally authorized within such State to provide a program of education beyond secondary education;
(3) provides an educational 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 toward such a degree, or awards a degree that is acceptable for admission to a graduate or professional degree program, subject to review and approval by the Secretary;
(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 preaccreditation status by such an agency or association that has been recognized by the Secretary for the granting of preaccreditation 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.

The school comes under Section 102(a) of the Higher Education Act of 1965 and not Section 101(a) as it is a for-profit organization.

Your school knew its degree doesn’t qualify for Advanced Degree cap, but regular cap. Here is a post from someone who graduated from same school and received similar RFE: http://forum.murthy.com/index.php?/topic/46942-please-help-intent-to-deny-for-my-h1-b/

The post makes it clear that school attorney clarified that students do not qualify for Advanced Degree Cap but Regular cap. Talk to your H-1 attorney quickly about it, or else it may result in denial.

Hi surabh,
I really appreciate your time on this. i saw that post in murthy forum but they haven’t mentioned how they answered to that RFE and if they got approved or denied. All my friends who applied from same Univ this year and last year under 20,000 masters quota got approved. even my attorney was not sure how to answer this RFE.

Unfortunately for you, your petition went to an officer who decided to follow the rule book. Had the regular cap being open, your attorney could have filed under it, but not now. Maybe solicit opinion of an attorney outside your H-1 firm.

Check w/ school if they heard of similar RFEs and if you can get contact information of those students to see how they responded.

Hi Saurabh,

I am currently enrolled at a private university for a Master’s degree in Information technology (Trident University)–WASC accredited. With job description and job duties matched, Do you think above rule applies to EB2 category as well?

The USCIS website states that in order to qualify-- one must have a masters degree from US institution and job description satisfies or bachelors degree and 5 yrs exp.

I can’t find definite answer to that.

Please help !!!

I think this rule is applicable to Advanced degree cap and not green card processing. However, I am not 100% sure.


Would the lawyer be able to help me with that answer?

Yes, they would know the answer.

hey what happened did your lawyer respond for that question?? did they approve your visa ??

My attorney told me that there is no way to answer this RFE, as the Univ doesn’t come under public or Non-profit organization.

which center harry?? finally what happened then??

CA center, i was planning to join some Univ to maintain status until next April. my employer will file H1 next year in regular quota instead of Masters.

ok… did u search for any universities? i am also looking for universities for cpt … do you have any idea in LA about the universities??

Did u got the same RFE?

ya… :frowning: i lost hope now…till now lottery tension and now RFE

any idea about universities ??

i haven’t yet started searching, i have my OPT until Sept. what did your attorney said about this RFE?

dont know yet? just received yesterday