We are currently in the filing phase of this year’s cap-subject H-1B season. As we send out completed forms for review and signature, we often receive questions about how the beneficiary was selected in the registration lottery.
During H-1B registration, a beneficiary may qualify for the Master’s cap exemption as long as they have or will have attained a US master’s degree at the time of H-1B filing. However, not all master’s degree holders are selected under the master’s cap exemption. Some may be selected under the general cap which is noted in the H-1B selection notice.
Even if you do have a US master’s degree, you may be selected under the regular cap, and as such, the forms will be checked to reflect a regular cap selection (CAP H-1B Bachelor’s Degree) as indicated below.
However, if the wrong box is checked, USCIS has recently confirmed that it “will nevertheless process the petition based on the cap allocation under which the registration was selected, and not the box selected on the Form I-129.” Note that if you are selected under the master’s cap, you will still need to demonstrate that you possess the degree at the time of H-1B filing even if the general cap is checked on the form. Otherwise, the petition will be denied or rejected.