Degree Equivalency Requirements for Employment-Based Immigrant Visas
Employment-based immigrants who are applying for an immigrant visa in the second or third preference need to submit evidence that they have the education required to perform the job being offered. Any education required to perform the job should be listed in the minimum requirements on the approved Labor Certification. When an employer files Form I-140, Immigrant Petition for Alien Worker, (after the Labor Certification has been approved), the immigrant must provide evidence that he meets these educational requirements.
Immigrants who earned the required degree(s) in the United States will need to submit a copy of the diploma(s) and transcript(s) as evidence in support of Form I-140, Immigrant Petition for Alien Worker. Immigrants who earned their degrees outside of the U.S. will need to submit an evaluation of their foreign degree completed by a credentials evaluator.
The 2nd Preference
The second preference of employment-based visas is available to people with advanced degrees and people of exceptional ability. If the minimum requirements as listed on the approved Labor Certification include a degree more advanced than a Bachelor’s degree, the employer may request classification in the second preference on Form I-140, Immigrant Petition for Alien Worker.
The job must require an advanced degree and the immigrant must possess an advanced degree in a relevant field as defined in the approved Labor Certification. As mentioned above, degrees earned outside of the U.S. must be evaluated by a credentials evaluator.
Less than 6 years of college or university level education
Immigrants who earned a Bachelor’s degree in three years followed by a Master’s degree in one or two years, or earned a Master’s degree in five years with no underlying separate Bachelor’s degree, may encounter problems in showing that these degrees are equivalent to a U.S. Master’s degree. When reviewing the Immigrant Petition, the USCIS will consult the Electronic Database for Global Education (EDGE) to determine what the foreign degree is equivalent to in the U.S. system. If the EDGE database does not indicate that the immigrant’s degree is equivalent to a U.S. Master’s degree, the petitioner will need to explain how EDGE’s determination is wrong and provide evidence beyond the credential evaluation.
The 3rd Preference
The third preference of employment-based visas is available to professionals with at least a Bachelor’s degree, skilled workers performing jobs that require at least two years of training or experience, and other workers performing jobs requiring less than two years of training or experience. Immigrants performing professional jobs requiring a Bachelor’s degree will qualify for the third preference. Remember that the job must require at least a Bachelor’s degree and the immigrant must actually have a Bachelor’s degree (or a foreign equivalent).
Again, the USCIS may consult the EDGE database to determine whether a foreign degree is equivalent to a Bachelor’s degree earned at a U.S. institution. If the degree was earned in less than four years, the immigrant should see if it is possible to obtain an evaluation that shows these years of education are still equivalent to a four-year U.S. Bachelor’s degree. USCIS has taken the stance that a foreign degree from a single source must be determined to be the equivalent of a U.S. Bachelor’s degree. This means that the immigrant cannot rely on a three year degree in combination with a subsequently earned one year degree in order to show the equivalent of a U.S. Bachelor’s degree. Many immigrants encounter this problem if they earned their degrees in educational system that grants a Bachelor’s degree after only three years of study.
However, a decision by the Administrative Appeals Office in 2008 (In re Cleveland Municipal School District) stated that an immigrant did earn the equivalent of a U.S. Bachelor’s degree in the scenario described above. USCIS Service Centers are not required to follow this decision, but it does show that immigrants can make a case for multiple degrees to be considered as equivalent to a U.S. Bachelor’s degree.
Immigrants should seek out a reputable credentials evaluation service to obtain a detailed evaluation of foreign degrees and address any issues regarding degree equivalency before beginning the employment-based visa process.