The employer normally requires a degree or its equivalent for the position. Under the regulation, an alien may use a combination of to satisfy degree equivalency for H1Beligibility: Education; Every employer is different in terms of structure and familiarity with the immigration process. Baltimore, MD 214.2(h)(4)(C)(iii)(D)(v), a single recognized authority may suffice if he or she determines that the beneficiary made significant contributions to the field of the specialty occupation. However, significant achievements are not defined in the regulations. WebUSCIS requires that H-1B visa applicants with foreign degrees or diplomas have their educational credentials evaluated by an independent credential evaluation agency. Certain college level equivalency examinations or special credit programs may be used to qualify for H1B status through degree equivalency. In this article, we discuss bachelors degrees, their equivalency and examples of putting this information on your resume or cover letter. The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree; 8 C.F.R. The prospective petitioner must include a Form ETA-9035/9035E, Labor Condition Application (LCA) certified by the Department of Labor (DOL), with the Form I-129, Petition for a Nonimmigrant Worker. Example AAO Approval Decision on H-1B Petition Based on Beneficiarys Work Experience. Dont make the mistake of waiting until the I-140 stage and realize that there is an issue with your degree equivalency. experience in the specialty equivalent to the completion of such degree, and ii). Specialty occupation is defined identically for H1B1 status in section214(i)(3). You can schedule a consultation with us on Skype, over the phone, or in person by using our Online Consultationform. I hold a Bachelor of Laws degree (LLB) in Taiwan, and I have a U.S. LLM. .manual-search ul.usa-list li {max-width:100%;} How to Prove Equivalence to a U.S. Bachelors Degree in the Specialty Field. The H1 is an HTML (Hypertext Markup Language) heading tag that indicates the main topic on a web page. A credential evaluation is an evaluation by a US credential evaluation organization that confirms the The regulations cite the CLEP and PONSI programs as examples. In this article, we will examine degree equivalencies in the ), NOTE: While most employers are subject to this registration system, some organizations may be exempt if they meet certain requirements. Highly Recommended!, I highly recommend Mr. Shihab and his associates to everyone I come across who is looking for the best immigration lawyer.. H2A (Second Class Honours A Division): 75 79% H2B (Second Class Honours B Division): 70 74% H3 (Third Class Honours): 65 69%. Current laws limit the annual number of qualifying foreign workers who may be issued an H-1B1 visa to 6,800 with 1,400 from Chile and 5,400 from Singapore. This article will explain it. Current laws limit the annual number of qualifying foreign workers who may be issued an E-3 visa to 10,500 Australian nationals seeking temporary work in specialty occupations. Do Not Sell or Share My Personal Information. There may be some exceptions, such as for 3 year degrees from the UK and this should be discussed with your attorney and the credentials evaluator. Circuit Courts and all administrative appeals Before the Board of Immigration Appeals (BIA) of the Executive Office for Immigration Review; Administrative Appeals Office (AAO) at the U.S. Department of Homeland Security (DHS) as well as before ImmigrationCourtsnationwide. You must establish evidence that your work experience or combination of work experience and education is equivalent to a U.S. bachelors degree in the related field. Every employer is different in terms of structure and familiarity with the immigration process. 214.2(h)(4)(iii)(D)(4) makes clear that the organization or society must be known to grant certification to those who have achieved a certain level of competence in the specialty. Furthermore, the requirements for membership in such an organization or society must be sufficient to help the H1B beneficiary meet the requirements for H1B status in conjunction with his or her other credentials. The employer normally requires a degree for the job, or. The word culminated means that experience in a nonprofessional position that leads up to experience in a professional position is relevant because that experience culminated toward the professional position. Yes, it is. The H1B visa program is a key component of U.S. immigration policy, aimed at attracting highly skilled foreign workers to fill specialized positions in various industries. If the H1B petition beneficiary has foreign education credentials that may contribute to his or her meeting the degree requirement, an evaluation of the credentials performed by a credentials evaluation service that specializes in evaluating foreign educationcredentials. LCAs must be filed electronically with the Department through the. The degree requirement for the job is common to the industry among similar organizations, or the job is so complex or unique that it can be performed only by a person with a degree. All RightsReserved, Evaluation from Official Who Has Authority to Grant College-Level Credit for Training and/or Experience in theSpecialty, The Results of College-Level Equivalency Examinations or Special CreditPrograms, Evaluation of Foreign EducationalCredentials, Evidence of Certification or Registration in a Nationally Recognized Organization for the SpecialtyOccupation, Degree Equivalency Through Combination of Education, Specialized Training, and/or WorkExperience. The H1B visa category is authorized by section 101(a)(15)(H)(i) of the Immigration and Nationality Act (INA). Citizenship and Immigration Services (USCIS) for H1-B visas on behalf of the applicants they want to hire as permanent workers. Fragomen, Austin T., Careen Shannon, and Daniel Montalvo. To determine equivalency, evaluators have implemented the USCIS three-to-one rule. For example, when people acquire experience from employment, they do not begin working in a professional-level position at the beginning of their career. Work Experience Evaluations. .usa-footer .container {max-width:1440px!important;} If the college grants the credits based the H1B petition beneficiarys training or experience in the specialty in question, these credits may qualify the beneficiary for H1B status if they wouldtaken together with the credits or time toward a degree that he or she already hasadd up to the equivalent of the required degree. Were you watch to understand what exists the H1b Bachelor's Diploma Equivalency and where will the Three for One Rule? Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 3. The beneficiary of the H-1B submitted had a three-year foreign education in Criminology and over three years of work experience in the field of Criminology. The beneficiary must have recognition of expertise in the specialtyoccupation., The regulation lists five types of documentation that may support the beneficiary's recognition of expertise in the specialtyoccupation.. If applicable, this may by itself suffice to demonstrate the professional status of thebeneficiary. Education evaluation for H1B is the process of checking how your educational qualifications match up with the equivalent U.S. degrees or qualifications. After demonstrating that the job being offered requires a specific bachelor's degree, the employer must make sure that the foreign national being sponsored for the H-1B visa has a relevant bachelor's from a college or university in the United States, the foreign equivalent of a U.S. bachelor's degree, or the equivalent in combined education and experience. Three years of specialized experience will generally equal one year of a Bachelors degree, so you need to demonstrate at least 12 years of experience in the specialty to have the equivalent of a U.S. Bachelors degree. position. Super organized and professional work. 214.2(h)(4)(C)(iii)(D)(v) to demonstrate the professional nature of the beneficiary'sexperience. If the college grants the credits based the H1B petition beneficiarys training or experience in the specialty in question, these credits may qualify the beneficiary for H1B status if they wouldtaken together with the credits or time toward a degree that he or she already hasadd up to the equivalent of the required degree. Grinberg and Segals immigration lawyers are highly skilled and experienced in all areas of immigration law and related federal litigation including Writs of Mandamus and Habeas Corpus as well as APA Action in Federal District Courts, Petitions For Review in U.S. Free Trade Agreement 5. By definition, a specialty occupation position requires either the attainment of a baccalaureate degree or higher or the equivalent of such a degree through experience. As a minimum for entry, such occupations require a bachelors degree or higher (or its. Do you think the rules about degree equivalency are applied strictly. The USCIS denied the employers H-1b petition for a forensic alcohol criminalist. If the foreign degree is found to be the equivalent of only three years of US college education, that person must establish one additional year of college education to qualify for H-1B employment. However, that the position qualifies as a specialty occupation does not guarantee that the H1B petition is ultimately approvable. It is recommended in such cases that the H1B petition beneficiary have more than the minimum 12 years of experience.3, The regulation requires that the training or work experience have included the theoretical and practical application of specialized knowledge required by the specialty occupation This means that it is not merely sufficient for the beneficiary to have generally trained or worked in the field. For other jobs, it's less clear. Using standards laid out by USCIS, our work experience evaluations pair relevant professional experience with academic coursework to determine a US degree equivalency. Credential Evaluation, immigration, Visa Approvals ccifree.com and submit the educational documents and a current accurate resume along with the candidates job title or desired equivalence. All Rights Reserved. Examples include teaching hospitals, which have affiliations with universities, and primary and secondary schools, which often have affiliation agreements with local universities for student teaching programs. The second is that the foreign national employee must have a relevant degree or the equivalent. In some entrepreneurial cases, it might be possible to base your H-1B application on self-employment through a company you form and own, but this can be difficult. 1. The first is that the employer's job must require a specific bachelor's degree or the equivalent in combined education and experience. This is to prove that you have achieved an equal level of knowledge and competence from you work experience that can be compared to a U.S. bachelors degree in that field. The employer normally requires a degree or its equivalent for the position; or A bachelor's degree normally is the entry-level requirement for the job. There may be some exceptions, such as for 3 year degrees from the UK and this should be discussed with your attorney and the credentials evaluator. A specialty occupation requires the theoretical and practical application of a body of specialized knowledge and a bachelor's degree or the equivalent in the specific specialty (e.g., sciences, medicine, health care, education, biotechnology, and business specialties, etc.). If the beneficiary has met all of the requirements for a degree, but the degree has not yet been awarded, you may submit the following alternate evidence: IT sounds as if the person at the university speaking to you is not clear about the requirements for an H1B.