| This is an issue very much in focus in recent times | | | | of schooling) could be evaluated as having the |
| mainly because of a perceivable shift in standards of | | | | equivalent of a U.S. bachelor’s degree if he/she |
| adjudication adopted by the United States Citizenship | | | | had three years of work experience in a related |
| and Immigration Services (USCIS). A near-panic has | | | | field. Technically, this could be applied to a situation |
| been caused among people with the so-called | | | | even where the person had a 12 year high school (or, |
| “three year” degrees by the denial of a number | | | | in some countries, pre-university or pre-degree) |
| of employment-based petitions by USCIS in recent | | | | diploma and 12 years of experience, he/she would |
| times. | | | | qualify as the holder of a US equivalent BS degree. It |
| In several countries (especially of the British | | | | is understood that a huge number of cases have been |
| Commonwealth), one can get a bachelor’s degree | | | | approved over the years using this standard. |
| after a total of 15 years of schooling, either as 12 | | | | But recent decisions by the USCIS show a totally |
| years higher secondary and a three year degree, or in | | | | different trend. Immigrant Visa petitions are being |
| some instances, with a 10+2+3 program. People | | | | denied by the USCIS for the lack of a “single” |
| holding such bachelor’s degrees are lately finding it | | | | four-year degree. To quote from such a denial, |
| hard to obtain employment-based immigrant visas in | | | | “…the regulation at 8 CFR 204.5 (l)(3)(ii)(C) is clear |
| the U.S. through the Employment-Based third | | | | in allowing only for the equivalency of one foreign |
| preference (EB-3) “professional” jobs. | | | | degree to a United States baccalaureate, not a |
| Professional jobs are defined as those that need a | | | | combination of degrees, diplomas, or employment |
| bachelor’s degree as the entry level requirement. | | | | experience. There is no comparable provision to |
| Bachelor’s degrees in the U.S. are generally | | | | substitute a combination of degrees, work experience, |
| granted after a total of 16 years of schooling, i.e., 12 | | | | or certificates which when taken together equals the |
| years up until High School and four years of | | | | same amount of coursework required for a US |
| college. So when an employer processes a Labor | | | | baccalaureate degree…” |
| Certification for an employment-based “green | | | | But, as far as processing of H-1B petitions go, the |
| card” in a professional occupation (i.e., with the | | | | above 3-for-1 formula is still adopted. H1B visas are |
| requirement of a U.S. Bachelor’s degree or its | | | | non-immigrant work visas granted by USCIS to a |
| foreign equivalent), the assumption is that of a foreign | | | | foreign national to live and work in the United States |
| bachelor’s degree that is comparable to a U.S. | | | | for a temporary period in a specialty occupation, i.e., an |
| bachelor’s degree. | | | | occupation that requires a minimum of a U.S. bachelor's |
| Until recently, this could be achieved using the | | | | degree or equivalent. |
| experience equivalency evaluation. That is, a | | | | Disclaimer: The information in the above article is of a |
| bachelor’s degree equivalency could be obtained | | | | general nature only and should not be taken as legal |
| by substituting three years of work experience for one | | | | advice. Always seek professional legal advice before |
| year of academic education. So, a person with a | | | | proceeding with your case. |
| three year degree (obtained after a total of 15 years | | | | Copyright: The Law Offices of Morley J. Nair, Inc. |