h1b degree equivalency

What are H1B Cap-Exempt Petitions? Attorney Advertising: prior results do not guarantee similaroutcomes. There are many different organizations that can issue credential evaluations; each organization has its own procedures, requirements and pricing structures. Employment Options for Students on an F-1 Visa. Be aware that some countries offer three-year bachelor degrees, which will not qualify for an H-1B visa. In this article, we will examine degree equivalencies in the WebThe H-1B1 program allows employers to temporarily employ foreign workers from Chile and Singapore in the U.S. on a nonimmigrant basis in specialty occupations. This in effect brings the annual quota up to 85,000. You can ask of the universitys immigration attorney to provide you with guidance. Finally, 8 C.F.R. What Is a Specialty Occupation? I agree with my colleagues. For foreign degrees, it's often a good idea to have a professional credentials evaluation firm review the diploma and transcript and issue a formal report on the U.S. equivalency. However, it is important to note that the regulation sates of a doctorate degree is required, the H1B petition beneficiary must possess the requisite degree. What is H1B Masters Cap? Save my name, email, and website in this browser for the next time I comment. 8 C.F.R. bachelors or higher degree in the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.**. When an application for a job posting or academic institution requires a degree or equivalent experience, this means they will accept alternatives in addition to or in place of a college degree. 10004 Furthermore, it is important to note that the regulation requires that any experience be progressively responsible. That is, the evidence must show that the beneficiary gained responsibility with experience in the specialtyoccupation. The beneficiary must have recognition of expertise in the specialty occupation.. Equivalence to completion of a U.S. Ordinary Degree: If an honours student fails to achieve a third class by a small margin, they may be awarded an ordinary degree i.e. An evaluation from a college official at an accredited college or university who is authorized to grant credit for training and/or experience in the specialty; An evaluation of education by a credentials service who is specialized in evaluation foreign educational credentials (this is only for evaluating education); Evidence of college-level equivalency examinations or special credit programs; and/or. Who Qualifies for it? A recognized authority may be a person or organization with expertise, special skills, or knowledge in the particular field. Common FAQs What is H1B You must prove recognition of expertise by at least one of the five following: You can also prove expertise in the specialty occupation by providing two statements from recognized authority who know your work but have not worked with you directly. Call us at (800) 625-3404 for a consultation. There are two basic requirements to satisfy the specialty occupation standard. How is H1B Regular Cap Calculated? There is no point in entering the lottery only to later have USCIS deny the petition because the job or individual did not meet the requirements. Under the 3 for 1 rule, you have to compensate each of the 4 years you lack towards a bachelors degree with 3 years worth of relevant work experience, in the same field as the H-1B job offered you. Once this registration period has ended, a. selection process (referred to as a lottery) takes place, and only those registrations selected through the lottery may file an H-1B petition. The H-1B Program The H-1B program allows companies and other employers in the United States to temporarily employ foreign workers in occupations that require the theoretical and practical application of a body of highly specialized knowledge and a bachelors degree or higher in the specific specialty, or its equivalent. For other jobs, it's less clear. We will get back to you within 24 hours with the pre-evaluation, a full analysis, and all of your options. Grinberg & Segals New York-based immigration, deportation and removal lawyers represent immigrant clients in all fifty states and before U.S. Consulates anywhere in the world. The most frequent reason RFEs are issued in response to an H-1B petition is failure to establish that the job qualifies as a specialty occupation. WebUSCIS requires that H-1B visa applicants with foreign degrees or diplomas have their educational credentials evaluated by an independent credential evaluation agency. Rather, the requirement is that at the end of those three years, the person reached a professional-level position. To evaluate the first criteria above, USCIS often looks to the Department of Labor's Occupational Outlook Handbook (OOH), which discusses the typical educational requirements for many different jobs. 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. Preprocessing Analysis Conclusion Frequently Asked Questions What is H1B Visa? The H1B visa category is a nonimmigrant visa for employing foreign professionals in specialty occupations. In this article, we will examine degree equivalencies in the H1B context. Many colleges now have formal programs in place where professors grant college level credit after evaluating candidates related work experience. The most common method of proving recognition of expertise in the field is by submitting affidavits (sworn letters of support) from your former employers. While this sounds simple, it sometimes can become quite complex. The following are some of the Diplomas and Certificates from foreign countries that can be evaluated as the equivalent of a bachelors degree in the United States. When the H-1B employment ends, the employer must notify USCIS and have the petition revoked. Recognition by two or more recognized authorities in the specialty occupation. There is no degree equivalent to a doctorate degree under the currentregulations. .paragraph--type--html-table .ts-cell-content {max-width: 100%;} Therefore, it would be risky to rely solely on 8 C.F.R. Yes. Compliance and thorough preparation are crucial for a successful H1B visa application. Attorney's postings contain general information only and are not a substitute for case-specific legal advice. If the specialty occupation requires a master's degree, but the H1B beneficiary only possesses a baccalaureate degree, at least five years of experience in the specialty are required for degreeequivalency. #block-googletagmanagerheader .field { padding-bottom:0 !important; } The H1B visa category is a nonimmigrant visa for employing foreign professionals in specialty occupations. In order to satisfy 8 C.F.R. Example AAO Approval Decision on H-1B Petition Based on Beneficiarys Work Experience. The H1B visa category is authorized by section 101(a)(15)(H)(i) of the Immigration and Nationality Act (INA). H-1B non-immigrant visa holders in the United States. Washington, DC 202101-877-US-2JOBS You must provide evidence to the evaluators and to the USCIS to verify work experience. 6. To qualify as a specialty occupation, the job youre seeking must meet one of the following requirements: NOTE: As political administrations change, the review process of H-1B (and other immigration) petitions can shift from relaxed to restrictive, and vice-versa. 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. .table thead th {background-color:#f1f1f1;color:#222;} How to Make a Good Case for an H-1B Classification, in its review of cases, it is a good idea to speak with a knowledgeable immigration attorney, to familiarize yourself with the detailed requirements for. Section 214(i)(1) of the INA defines specialty occupation in section 101(a)(15)(H)(i)(b). This amount is reduced by 6,800 for applicants from Chile and Singapore, under free trade agreements. Philadelphia, PA You can list either first or second, however, if youve more recently graduated , Equivalent experience refers to things like paid work experience in that field or a related field or unpaid experience like internships, . The H-1B regulations require a credential evaluation for all non-US degrees. The beneficiary of the H1B petition must meet the requirement for being a specialty occupation worker in the specific specialty occupation for which certification is sought. AAO decision: The AAO determined that the USCIS interpretation of the degree equivalency in light of the regulations was incorrect and approved the petition. The burden of proof is on the employer to establish the truthfulness of the information contained on the LCA. Please refresh the page and try again, By clicking "Find a Lawyer", you agree to the Martindale-Nolo. Dont make the mistake of waiting until the I-140 stage and realize that there is an issue with your degree equivalency. If the specialty occupation requires a masters degree, but the H1B beneficiary only possesses a baccalaureate degree, at least five years of experience in the specialty are required for degree equivalency. Scan this QR code to download the app now. The statutes authorizing the H1B visa program are implemented through Department of Homeland Security (DHS)regulations. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. Current laws Accordingly, if the beneficiary is relying on expert opinions to substantiate that he or she has professional experience in the field, the beneficiary should seek opinions from experts who have experience in giving similaropinions. Rather, the petition must demonstrate that the beneficiary trained or worked in a capacity that required the theoretical and practical application of specialized knowledge. However, that the position qualifies as a specialty occupation does not guarantee that the H1B petition is ultimately approvable. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Privacy Policy | Cookie Policy | Consolidated Appropriations Act. Meaning? If the beneficiary will have to rely on degree equivalency, an experienced immigration attorney will assess whether the evidence exists to support the H1B petition given the requirements for the position and the beneficiary'sbackground. 2. You must submit evidence of the beneficiarys education credentials (with English translations when applicable) at the time you file your petition. Section 214(i)(2) sets the requirements for qualify for an H1B visa working in a specialty occupation as defined in section214(i)(1)-. The state licensing agency might not grant the license until the employee is present in the U.S. in H-1B status. A masters degree is roughly equivalent to 10 or more years of work experience in a related field. While this sounds simple, it sometimes can become quite complex. 214.2(h)(4)(C)(iii)(D)(i) states that the petition may include a recognition of expertise in the specialty occupation submitted by two recognized authorities in the same specialty occupation. C. i). The beneficiary must also show recognition of expertise in the specialty field through positions directly related to the specialty field. 214.2(h)(4)(iii)(D) as achievement of a level of knowledge, competence, and practice in the specialty occupation that has been determined to be equal to that of an individual who has a baccalaureate or higher degree in the specialty In order to qualify as a specialty occupation worker through degree equivalency, 8 C.F.R. As graduation is the next level of diploma and students can opt it after diploma. WebThe second is that the foreign national employee must have a relevant degree or the equivalent. A petitioner and beneficiary who seek to rely upon 8 C.F.R. USCIS initially denied the case stating the evidence provided showing that the beneficiary qualifies to perform the duties of the job was insufficient. .agency-blurb-container .agency_blurb.background--light { padding: 0; } .manual-search-block #edit-actions--2 {order:2;} This article will explain it. 214.2(h)(4)(iii)(C) requires that in order to perform workers in a specialty occupation, the beneficiary of an H1B petition must meet one of the followingcriteria: 1. For equivalence to an advanced (or Masters) degree, the alien must have a baccalaureate degree followed by at least five years of experience in the specialty. These employers are often referred to as cap-exempt employers.. Privacy Policy. | Login By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. I hold a Bachelor of Laws degree (LLB) in Taiwan, and I have a U.S. LLM. : Thompson Reuters, 2015. Plymouth Meeting, PA, 2023 Offit Kurman, Attorneys At Law. In order for a foreign national to qualify for H-1B employment, the person must establish that he or she is a professional/specialist, which is defined as possessing at least a bachelor's degree, or the equivalent work experience or specialized training in a specialist occupation. Section 101(a)(15)(H)(i)(b1) authorizes H1B1 status for professionals in specialty occupations who are nationals of Chile orSingapore. The two exceptions to electronic filing are employers with physical disabilities or those who lack Internet access and cannot electronically file the Form ETA-9035E through the FLAG System. H1 refers to the first half of a fiscal year (April through September) and H2 to the second half of a fiscal year (October through the following March). Q1, Q2, Q3, and Q4 refer to the first, second, third, and fourth quarter of a calendar year, respectively, starting from January. Based upon the very high demand for H-1B visas in recent years, which has resulted in about 25% lottery selection odds, the pre-filing lottery is a welcome change. 214.2(h)(4)(i)(B)(2) states that the labor condition application is not determinative of whether the occupation is a specialty occupation. Rather, the determination will be made by United States Citizenship and Immigration Services (USCIS) in accordance with section 214(i)(1) of the INA. The cap does not apply to H-1B workers who will work for or at a university or affiliated nonprofit or research institute. 214.2(h)(4)(C)(iii)(D)(ii) states that membership in a recognized or foreign U.S. association or society in the specialty occupation may support the beneficiary's standing as a professional. Learn More . Only if selected can employers submit H-1B petitions. .usa-footer .grid-container {padding-left: 30px!important;} The site is secure. In this article, we will examine degree equivalencies in the H1Bcontext. First, 8 C.F.R. #block-googletagmanagerfooter .field { padding-bottom:0 !important; } Specialized Training in the Specialty Occupation; and/or What is H1B Visa Cap? "Progressive" means that the employment became more responsible or complex over time. Because RFEs come with a deadline to respond, it is important that thought is given to the specialty occupation eligibility requirements listed above when the H-1B petition is prepared. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. 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. Check early, so you can prepare! 1. The U.S. government's H-1B regulations provide four ways an employer can demonstrate that its job requires a bachelor's degree: For jobs such as accounting, engineering, and many information technology professions, it's clear that the applicant needs a specific bachelor's degree to get the job. 3. 214.2(h)(4)(C)(iii)(D)(iii) allows for the petitioner to submit published material by or about the beneficiary to support his or her standing as a professional. Using standards laid out by USCIS, our work experience evaluations pair relevant professional experience with academic coursework to determine a US degree equivalency. For purposes of determining equivalency to a baccalaureate degree in the specialty, three years of specialized training and/or work experience must be demonstrated for each year of college-level training the alien lacks. Problems can arise for the foreign national who has a degree from a foreign college or university that does not reach the equivalent of a U.S. bachelor's degree. 14th ed. According to USCIS, you are required to have at least a US bachelors degree or its equivalent for an H1B visa. In the following sections, we will examine how to satisfy the different degree equivalency requirements in 8 C.F.R. 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. In total, we have six heading levels to choose fromh1 to h6to add structure to the web page. Demonstrating that sufficient time will be devoted to the specialty occupation, rather than to administrative duties, and that there is enough work to keep you busy, is a particular challenge. An expert/professor evaluator would be able to say that the applicant has the equivalence of a bachelors degree based on their twelve years of work experience. Here are some examples of job listings where you may see this terminology: 1. An official website of the United States government. Employers need to be prepared to respond if an RFE is issued. Especially during periods when USCIS is restrictive in its review of cases, it is a good idea to speak with a knowledgeable immigration attorney to familiarize yourself with the detailed requirements for H-1B visas. obtained outside the United States. 214.2(h)(4)(iii)(C)(2), a foreign degree that is considered the equivalent to a U.S. baccalaureate or advanced degree may suffice on its own for meeting the degree requirement if it is equivalent to a U.S. degree in the same field as the specialty occupation. If required by a specialty, the alien must hold a Doctorate degree or its foreign equivalent. For additional information regarding the H-1B cap, cap qualifications and H-1B petitions, see the U.S. H-1B visa occupations are professional-level jobs that require a U.S. bachelors degree, the equivalent or higher.

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