May 25, 2020


Aim for Excellence

A few Yr Bachelor’s Degrees: Great for H-1B, but not for Green Card?

This is an challenge quite significantly in aim in recent periods largely simply because of...

This is an challenge quite significantly in aim in recent periods largely simply because of a perceivable change in benchmarks of adjudication adopted by the United States Citizenship and Immigration Services (USCIS).  A around-worry has been caused amongst men and women with the so-called “three year” levels by the denial of a selection of work-primarily based petitions by USCIS in recent periods.

In a number of international locations (specially of the British Commonwealth), one particular can get a bachelor’s diploma just after a complete of fifteen a long time of schooling, possibly as 12 a long time bigger secondary and a three year diploma, or in some circumstances, with a ten+2+3 plan.  People today holding this sort of bachelor’s levels are recently obtaining it challenging to obtain work-primarily based immigrant visas in the U.S. by way of the Employment-Based 3rd preference (EB-3) “professional” employment.  Specialist employment are described as those people that require a bachelor’s diploma as the entry level requirement.

Bachelor’s levels in the U.S. are frequently granted just after a complete of sixteen a long time of schooling, i.e., 12 a long time up right up until Higher School and four a long time of higher education.   So when an employer procedures a Labor Certification for an work-primarily based “environmentally friendly card” in a professional occupation (i.e., with the requirement of a U.S. Bachelor’s diploma or its international equivalent), the assumption is that of a international bachelor’s diploma that is similar to a U.S. bachelor’s diploma. 

Until a short while ago, this could be realized utilizing the experience equivalency analysis. That is, a bachelor’s diploma equivalency could be received by substituting three a long time of perform experience for one particular year of tutorial education.  So, a human being with a three year diploma (received just after a complete of fifteen a long time of schooling) could be evaluated as possessing the equivalent of a U.S. bachelor’s diploma if he/she had three a long time of perform experience in a similar subject.   Technically, this could be used to a circumstance even exactly where the human being had a 12 year large school (or, in some international locations, pre-university or pre-diploma) diploma and 12 a long time of experience, he/she would qualify as the holder of a US equivalent BS diploma.  It is comprehended that a huge selection of situations have been accepted about the a long time utilizing this standard.

But recent decisions by the USCIS display a totally distinct craze.   Immigrant Visa petitions are being denied by the USCIS for the lack of a “one” four-year diploma.  To quotation from this sort of a denial, “…the regulation at eight CFR 204.five (l)(3)(ii)(C) is crystal clear in enabling only for the equivalency of one particular international diploma to a United States baccalaureate, not a combination of levels, diplomas, or work experience. There is no similar provision to substitute a combination of levels, perform experience, or certificates which when taken together equals the exact sum of coursework necessary for a US baccalaureate degree…”

But, as much as processing of H-1B petitions go, the above 3-for-1 system is however adopted.  H1B visas are non-immigrant perform visas granted by USCIS to a international countrywide to are living and perform in the United States for a short-term time period in a specialty occupation, i.e., an occupation that calls for a bare minimum of a U.S. bachelor’s diploma or equivalent.

Disclaimer: The details in the above post is of a typical character only and should really not be taken as authorized suggestions. Usually seek professional authorized suggestions just before continuing with your scenario.

Copyright: The Regulation Places of work of Morley J. Nair, Inc.