5 Years Later: Where does USCIS Stand with Stratford, UNVA and ITU? An Update on the Issuance of NOIDs, NOIRs and Denial

Published: 02/13/2020

Source: http://bit.ly/2vtVCmi

Since 2014, USCIS has consistently denied petitions for Beneficiaries who applied in the Master’s CAP based on degrees from for-profit and/or unaccredited universities such as Stratford University (“Stratford”), the University of Northern Virginia (“UNVA”) and International Technological University (“ITU”).[2] With these adjudications, our firm has observed each USCIS Service Center treat these issues with stark differences. This leaves Beneficiaries in a state of flux, feeling concern about any future filings with USCIS.

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To qualify for the Master’s CAP exemption, the university, among other things, must:
  •     Be an accredited institution by a nationally recognized agency and/or association; note, pre-accreditation is generally acceptable; and
  •     Be a public, or a private non-profit university.

Accordingly, USCIS’ inquiries generally question a university’s eligibility under one (1) of these prongs. Each university has its own issues – Stratford (For-Profit), UNVA (For-Profit/Accreditation), and ITU (Accreditation before 2011). Over the course of the past five (5) years, we have observed that some service centers rarely raise this concern by way of NOIDs, NOIRs, and/or Denials. Furthermore, even if they do, our firm found they are much more willing to exercise their discretion and understand the unfairness caused to a Beneficiary by a retroactive denial.

More alarming are the filings for Beneficiaries requiring an extension of stay without change. This means the petition would be filed with Nebraska Service Center. In the past two (2) years, our firm has gained extensive experience in navigating extensions with Nebraska Service Center to mitigate, prevent, or overcome RFEs, NOIDs, NOIRs, and/or Denials

Source: http://bit.ly/2vtVCmi

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