It is important to note that under 8 C.F.R. H-1B We anticipate the areas where the U.S. government may challenge a case, reverse engineer the case to lower the risk of denial, and increase the odds of approval. Example AAO Approval Decision on H-1B Petition Based on Beneficiarys Work Experience. Employers may file H-1B lottery applications during the online registration period for the fiscal year when the employee is set to begin work. .manual-search-block #edit-actions--2 {order:2;} Yes. The lottery system involves a simple electronic registration process. A 2.2 GPA, or Grade Point Average, is equivalent to a C letter grade on a 4.0 GPA scale, and a percentage grade of 7376. The H-1B regulations require a credential evaluation for all non-US degrees. Choose section order. However, the amount is, in effect, increased by a rule stating that the first 20,000 petitions each year filed for people with U.S. advanced degrees (master, professional, doctorate) are exempt from the 65,000 base amount. H-1B visas must be filled by people with specific skills and qualifications needed by their employers. An official website of the United States government. Under the third criteria, you need to look at the educational qualifications of other people your company has hired for the same job to determine whether you've been consistent in requiring a specific degree. Morningside 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. The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree; 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. A determination by the Immigration Service that the equivalent of the degree required by the specialty occupation has been acquired through a combination of education, specialized training, and/or work experience in areas related to the specialty and that the foreign national has achieved recognition of expertise in the Specialty Occupation as a result of such training and experience. Need Immigration Help? Graduation is approved by universities but diploma is not approved any university. /*-->*/. In some states, the information on this website may be considered a lawyer referral service. According to U.S regulations, a specialty occupation is one that requires the application of highly specialized knowledge. It 214.2(h)(4)(iii)(D)(1), the petition must include an evaluation from an official at a college who has the authority to grant credit for training and/or experience in the specialty. The first is that the employer's job must require a specific bachelor's degree or the equivalent in combined education and experience. B. completion of the degree described in [section 214(i)(1)(B)] for the occupation, or However, specialized training and work experience must be progressively responsible. H-1B non-immigrant visa holders in the United States. Hold a foreign degree that is the The statutes authorizing the H1B visa program are implemented through Department of Homeland Security (DHS)regulations. The views and opinions expressed in this article are those of the author(s) and do not necessarily reflect the official policy or position of World Education Services (WES). Letters from employers not only provide evidence of your work experience but they also help to establish recognition of expertise. H1B1 Singapore Chile Cap? 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. What are H1B Cap-Exempt Petitions? C. i). It is possible to qualify for the H 1B visa/status if the job position requires at minimum a bachelor degree or the equivalent. 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. The regulations allow for applicants to have the equivalent of a U.S. bachelors degree . Having a job that is a specialty occupation, as well as the qualifications to perform that job, are only some of the elements of a successful H-1B petition. Even with employers who are willing to go through the challenging process of filing for the H-1B, there are many things to consider getting to the ultimate endpoint: an H-1B approval. H1B In this article, we discuss bachelors degrees, their equivalency and examples of putting this information on your resume or cover letter. The foreign national has recognition of expertise in the specialty evidenced by at least one type of documentation, such as. H-1B Visa Electronic Registration Process, Alternatives for Nationals of Certain Countries. Grinberg & Segal is a NYC immigration law firm that consists of highly experienced immigration lawyers licensed to practice state law in New York and New Jersey and U.S. federal law worldwide. The In-Depth Guide To H1B Degree Equivalency - Herman Law Namely, the employer must, qualifies as a specialty occupation (Employers and, immigration attorneys must conduct their own research and utilize available government and non-government resources to make this case. Citizenship and Immigration Services, has required employers to submit an electronic registration for each person seeking an H-1B visa. Rather, the person gradually attains professional-level ability through work experience that culminates in the achievement of the professional level. 43-50, Print. The H-1B program allows employers to temporarily employ foreign workers in the U.S. on a nonimmigrant basis in specialty occupations or as fashion models of distinguished merit and ability. Recognition by two or more recognized authorities in the specialty occupation. 10004 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. Rather, the petition must demonstrate that the beneficiary trained or worked in a capacity that required the theoretical and practical application of specialized knowledge. Have education, specialized training, and/or progressively responsible experience that is equivalent to the completion of a United States baccalaureate or higher degree in the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to thespecialty. The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, the job is so complex or unique that it can be performed only by an individual with a degree. 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. In order to satisfy 8 C.F.R. The law recognizes that a person who does not have the required normal academic qualification of a bachelor's degree can reach that level through relevant experience and training in the field. 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. By definition, a specialty occupation position requires either the attainment of a baccalaureate degree or higher or the equivalent of such a degree through experience. If selected, employers have at least 90 days from April 1 to file their H-1B petitions. Less than 65K? Super organized and professional work. Call us at (800) 625-3404 for a consultation. To qualify for the H1B you would need to have a three year degree and 3 years of experience in the specialty. Understanding Visas to Study and Work in the U.S. Lucy Cheung is a partner at Goldstein and Cheung LLP, an immigration law firm in New York City. Degree Equivalency 8 C.F.R. To qualify for the H1B you would need to have a three year degree and 3 years of experience in the specialty. Each federal fiscal year, a base amount of 65,000 new H-1B visas are made available. I am looking forward to hear the cases about it. What are qualification levels?LevelKey qualifications6Degree apprenticeship Degree with honours (eg BSc) Ordinary degree without honours Graduate certificate Graduate diploma Level 6 NVQ7Masters degree (eg MA, MSci, MEng, MPhil) Level 7 award Level 7 certificate Level 7 diploma Level 7 NVQ PGCE (teaching certificate)7 more rows. How to Qualify for an H-1B Petition Based on the Beneficiarys Employers should be clear in the H-1B petition about whether a license is necessary for the job. The H1B visa category is a nonimmigrant visa for employing foreign professionals in specialty occupations. USCIS also stated in the decision that there was a lack of evidence that the evaluators were qualified to grant equivalency evaluations in the field of Criminology since the evaluators held liberal arts and Education degrees. Save my name, email, and website in this browser for the next time I comment. 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. There are different times when it makes sense to do this: TIP: For existing jobs, try to find out if each employee who held the position before you have had similar degrees, or if the employer has always required someone with a specific degree to fill the position. Only if selected can employers submit H-1B petitions. H-1B Handbook. Are You Ready? 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. Employers need to be prepared to respond if an RFE is issued. You can schedule a consultation with us on Skype, over the phone, or in person by using our Online Consultationform. We've helped 85 clients find attorneys today. .h1 {font-family:'Merriweather';font-weight:700;} | Login There may be some exceptions, such as for 3 year degrees from the UK and this should be discussed with your attorney and the credentials evaluator. Reddit, Inc. 2023. H-1B Job Federal government websites often end in .gov or .mil. Citizenship and Immigration Services. H-1B Degree Equivalency | H-1B Visa Work Experience - The Law The evaluation must determine the U.S. educational equivalent of the foreign degree, and whether the degree is equivalent to a U.S. bachelor's or higher degree. 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. A petitioner and beneficiary who seek to rely upon 8 C.F.R. There are different times when it makes sense to do this: B visas is valuable even before you apply for certain positions. The state licensing agency might not grant the license until the employee is present in the U.S. in H-1B status. The cap does not apply to H-1B workers who will work for or at a university or affiliated nonprofit or research institute. The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelors or higher degree. For example, Sales Representatives might have degrees in business, marketing, psychology, history, communications, political science or other fields. 2. A qualification level tells you the difficulty of a course or the level of knowledge expected. In situations where the beneficiary of an H1B petition does not meet the degree requirement for the position, he or she will have to demonstrate degree equivalency through other means. It addresses skill shortages, promotes innovation, and drives economic growth. H-1B Regulatory Requirements and Updates - World Education Fax: (212)964-0440, Copyright 2019 My Attorney USA. 3. A change in any one of these often requires the sponsoring (or new) employer to file a petition with U.S. 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. 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. I agree with my colleagues. Section 101(a)(15)(H)(i)(b1) authorizes H1B1 status for professionals in specialty occupations who are nationals of Chile orSingapore. Do I need a credential evaluation to apply for H-1B status For example, an engineer or accountant who works in-house for a company may not need a license. Check early, so you can prepare! meet certain requirements. The Real Immigrants Share Advice for Moving to the U.S. Get timely updates from WES, and discover other tools and publications. A bachelors or higher degree or its equivalent is normally the minimum entry requirement for the position. How is H1B Regular Cap Calculated? For information regarding the E-3 cap, E-3 cap qualifications and E-3 petitions, see the USCIS website or Consular sections of the Department of State website for Australia. We will get back to you within 24 hours with the pre-evaluation, a full analysis, and all of your options. This article will explain it. Instead, employers must petition the U.S. Equivalence To A U.S. University Or College Degree For H-1B Classification, Register for Immigration Alerts / Update your Information. One of the very most common H1B RFE triggers is a 3-year bachelors degree with no credential evaluation, or with the wrong kind of credential evaluation. It must be clearly demonstrated that the alien's training and/or work experience included the theoretical and practical application of specialized knowledge required by the specialty occupation; that the alien's experience was gained while working with peers, supervisors, or subordinates who have a degree or its equivalent in the specialty occupation; and that the alien has recognition of expertise in the specialty evidenced by at least one type of documentation such as: (i) Recognition of expertise in the specialty occupation by at least two recognized authorities in the same specialtyoccupation; (ii) Membership in a recognized foreign or United States association or society in the specialtyoccupation; (iii) Published material by or about the alien in professional publications, trade journals, books, or majornewspapers; (iv) Licensure or registration to practice the specialty occupation in a foreign country;or. Hold an unrestricted State license, registration or certification which authorizes him or her to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment; or 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)(A) refer to the position for which the H1B worker is sought. 214.2(h)(4)(iii)(D)(4) makes clear that the organization or society must be known to grant certification to those who have achieved a certain level of competence in the specialty. Furthermore, the requirements for membership in such an organization or society must be sufficient to help the H1B beneficiary meet the requirements for H1B status in conjunction with his or her other credentials. 2015 ed. We serve clients in Columbus Ohio, Cleveland Ohio, Southfield Michigan and Washington, D.C. Our lawyers will individually and clearly explain the visa or green card process and will simplify the complex procedure in small, easy to understand steps. without honours. Others may have already earned an equivalent degree from their native country. Avoid These 3 Reasons for H-1B Is there anyone who had to deal with this equivalency problem? #block-googletagmanagerfooter .field { padding-bottom:0 !important; } Yes, one must have a bachelors or equivalent to be eligible for an H1b. Credential Evaluations - World Education Services Reddit and its partners use cookies and similar technologies to provide you with a better experience. In either case, the employer prepares and files the petition. Highly Recommended!, I highly recommend Mr. Shihab and his associates to everyone I come across who is looking for the best immigration lawyer.. The job duties "are so specialized and complex" that one typically needs to have a bachelor's degree to perform them. All rights reserved. The Board of Immigration Appeals (BIA) held in the Matter of Sea, 19 I&N Dec. 817 (BIA 1988) [PDF version] that a combination of course work in a professional field combined with professional experience and achievement may be considered equivalent to a baccalaureate degree. If the employer terminates the H-1B worker, the employer must offer to pay for return transportation to the worker's last place of residence abroad. According to U.S regulations, a specialty occupation is one that requires the application of highly specialized knowledge. A bachelors degree is roughly equivalent to four to eight years of work experience in a related field. 2. Each evaluation includes essential information required by USCIS, such as the name and location of the Trusted Advice for Academic and Professional Success, Thursday | December 1, 2022 | by ol{list-style-type: decimal;} USCIS initially denied the case stating the evidence provided showing that the beneficiary qualifies to perform the duties of the job was insufficient. The nature of the specific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higherdegree. The H-1B cap applies to workers obtaining H-1B status or an H-1B visa for the first time or to those who previously were in the U.S. in H-1B status for six years, spent one year abroad and are now eligible for another six-year period. B. attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the UnitedStates. The USCIS denied the employers H-1b petition for a forensic alcohol criminalist. : h1b 0 Posted by 1 year ago help_is LLB equivalent to JD in the US? 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. Evaluation of Educational Credentials - AET Plymouth Meeting, PA, 2023 Offit Kurman, Attorneys At Law. COMPLETE guide to H1B education evaluations [2023] - Stilt Your email address will not be published. FREE H-1B / E-3 Visa Resources 214.2(h)(4)(iii)(D)(2) should first consult with an experienced immigration attorney for an opinion on whether the equivalency examination or special credit program is likely to be applicable to the specialty occupation inquestion. H1B Visa Bachelors Degree Equivalency If you have questions about H-1B degree equivalency issues, please contact our immigration attorneys or call The Law Firm of Shihab & Associates to consult with an attorney. Usually the first two sections on a resume are education and experience. Under 8 C.F.R. H-1B The Administrative Appeals Office (AAO) held in 1989 that 22 years' experience in the specialty occupation was the equivalent of a baccalaureate degree.1 Multiple district courts have held the same.2 Nevertheless, if the H1B beneficiary is relying solely on experience or training to be considered equivalent to a baccalaureate degree, his or her credentials will face high scrutiny. Diploma is not considered as graduation. Learn More . An agency within the U.S. Department of Labor, 200 Constitution AveNW 214.2(h)(4)(B)(1), a petitioner must obtain certification from the Department of Labor (DOL) that it has filed a labor condition application in the occupational specialty in which the alien(s) will be employed. H2A (Second Class Honours A Division): 75 79% H2B (Second Class Honours B Division): 70 74% H3 (Third Class Honours): 65 69%. Under the regulation, an alien may use a combination of to satisfy degree equivalency for H1Beligibility: Education; Work Experience in the SpecialtyOccupation. Dont make the mistake of waiting until the I-140 stage and realize that there is an issue with your degree equivalency.
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