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 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.