This is an difficulty really a lot in concentrate in recent times generally because of a perceivable shift in benchmarks of adjudication adopted by the United States Citizenship and Immigration Solutions (USCIS).  A close to-stress has been caused amongst individuals with the so-referred to as “3 calendar year” levels by the denial of a amount of employment-based mostly petitions by USCIS in recent times.

In various international locations (specifically of the British Commonwealth), one particular can get a bachelor’s degree just after a total of fifteen many years of schooling, possibly as 12 many years better secondary and a 3 calendar year degree, or in some occasions, with a 10+2+three plan.  Individuals keeping such bachelor’s levels are recently locating it hard to acquire employment-based mostly immigrant visas in the U.S. by way of the Work-Dependent 3rd preference (EB-three) “expert” jobs.  Professional jobs are defined as individuals that need a bachelor’s degree as the entry amount requirement.

Bachelor’s levels in the U.S. are normally granted just after a total of sixteen many years of schooling, i.e., 12 many years up until eventually Large School and 4 many years of faculty.   So when an employer procedures a Labor Certification for an employment-based mostly “inexperienced card” in a expert occupation (i.e., with the requirement of a U.S. Bachelor’s degree or its international equal), the assumption is that of a international bachelor’s degree that is similar to a U.S. bachelor’s degree. 

Till a short while ago, this could be reached working with the expertise equivalency evaluation. That is, a bachelor’s degree equivalency could be attained by substituting 3 many years of perform expertise for one particular calendar year of academic schooling.  So, a person with a 3 calendar year degree (attained just after a total of fifteen many years of schooling) could be evaluated as getting the equal of a U.S. bachelor’s degree if he/she had 3 many years of perform expertise in a related subject.   Technically, this could be applied to a problem even exactly where the person had a 12 calendar year high school (or, in some international locations, pre-university or pre-degree) diploma and 12 many years of expertise, he/she would qualify as the holder of a US equal BS degree.  It is understood that a big amount of circumstances have been approved over the many years working with this common.

But recent conclusions by the USCIS present a entirely unique development.   Immigrant Visa petitions are currently being denied by the USCIS for the absence of a “single” 4-calendar year degree.  To quotation from such a denial, “…the regulation at eight CFR 204.five (l)(three)(ii)(C) is clear in enabling only for the equivalency of one particular international degree to a United States baccalaureate, not a mixture of levels, diplomas, or employment expertise. There is no similar provision to substitute a mixture of levels, perform expertise, or certificates which when taken with each other equals the very same quantity of coursework expected for a US baccalaureate degree…”

But, as significantly as processing of H-1B petitions go, the over three-for-one formulation is nevertheless adopted.  H1B visas are non-immigrant perform visas granted by USCIS to a international countrywide to stay and perform in the United States for a momentary time period in a specialty occupation, i.e., an occupation that needs a least of a U.S. bachelor’s degree or equal.

Disclaimer: The information and facts in the over post is of a standard mother nature only and need to not be taken as legal information. Generally find expert legal information prior to continuing with your situation.

Copyright: The Law Offices of Morley J. Nair, Inc.

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