In this article, we discuss bachelors degrees, their equivalency and examples of putting this information on your resume or cover letter. Yes, one must have a bachelors or equivalent to be eligible for an H1b. H-1B visa occupations are professional-level jobs that require a U.S. bachelors degree, the equivalent or higher. Third-Class Honours (40-50%): known as a third or 3rd, this degree is the lowest honours degree achievable. F-1 Visa Updates: Benefits for International Students in the U.S. Skip to content +1-800-808-4013 | richardtmherman@gmail.com. Equivalence To A U.S. University Or College Degree For H-1B Classification, Register for Immigration Alerts / Update your Information. A. theoretical and practical application of a body of highly specialized knowledge, and Call us at (800) 625-3404 for a consultation. The employer normally requires a degree or its equivalent for the position; or Current laws limit the annual number of qualifying foreign workers who may be issued an H-1B1 visa to 6,800 with 1,400 from Chile and 5,400 from Singapore. Academic Evaluations using EDGE How to Prove Equivalence to a U.S. Bachelors Degree in the Specialty Field. 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. Scan this QR code to download the app now. meet certain requirements. Current laws limit the annual number of qualifying foreign workers who may be issued an E-3 visa to 10,500 Australian nationals seeking temporary work in specialty occupations. We've helped 85 clients find attorneys today. As a minimum for entry, such occupations require a bachelors degree or higher (or its. Citizenship and Immigration Services, has required employers to submit an electronic registration for each person seeking an H-1B visa. 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. (v) Achievements which a recognized authority has determined to be significant contributions to the field of the specialtyoccupation. The H-1B application process has two phases: In recent years the initial online registration period has run in early March, with USCIS making its lottery selections by March 31. 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. Sometimes educational requirements are accompanied by the words or equivalent. This means you may replace part, or sometimes all, of the educational requirements with the knowledge you possess from work or other experiences in that field or a related field. If you dont have the requested college degree but have sufficient equivalent experience, then it is likely employers or institutions will still consider your application. 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 In the following sections, we will examine how to satisfy the different degree equivalency requirements in 8 C.F.R. Under the regulation, an alien may use a combination of to satisfy degree equivalency for H1B eligibility: Work Experience in the Specialty Occupation. 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. The federal fiscal year runs from October 1 of the current year to September 30 of the following year. For example, Sales Representatives might have degrees in business, marketing, psychology, history, communications, political science or other fields. In total, we have six heading levels to choose fromh1 to h6to add structure to the web page. H-1B Regulatory Requirements and Updates - World Education 4. If the foreign degree may not be considered the equivalent of a U.S. degree, credits obtained in the foreign degree program may still be able to contribute toward meeting the degree requirement through degreeequivalency. Hold a foreign degree that is the Once this registration period has ended, a randomized selection process (referred to as a lottery) takes place, and only those registrations selected through the lottery may file an H-1B petition. The site is secure. 2023 World Education Services. Morningside Evaluations 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. A 2:1 also puts you in a good position for employment, graduate programmes and post graduate study. 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. Dont make the mistake of waiting until the I-140 stage and realize that there is an issue with your degree equivalency. While the OOH is not always conclusive or up to date with market realities, USCIS considers it very persuasive. 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. The basis for the conclusions supported by copies or citations of any research materialused. Thank you. Your email address will not be published. I am looking forward to hear the cases about it. There was a problem with the submission. To qualify for the H1B you would need to have a three year degree and 3 years of experience in the specialty. In the past, USCIS conducted a random lottery to allocate visas only after full H-1B petitions were filed. Specialized Training in the Specialty Occupation; and/or Working Visa U.S - Work Visa Categories | myattorneyusa 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. See the links to the DOLs Office of Foreign Labor Certification and USCIS forms to the right. 214.2(h)(4)(C)(iii)(D). Electronic Filing of Form ETA-9035E on the FLAG System: Special Permission to file an ETA-9035 by mail : Employers must file using the electronic FLAG System, except in two limited circumstances for employers with physical disabilities or lack of internet access prohibiting them from filing electronic applications. The writer's qualifications as an expert; submitting an online registration into a lottery, and. The most common method of proving recognition of expertise in the field is by submitting affidavits (sworn letters of support) from your former employers. This in effect brings the annual quota up to 85,000. If the college grants the credits based the H1B petition beneficiarys training or experience in the specialty in question, these credits may qualify the beneficiary for H1B status if they wouldtaken together with the credits or time toward a degree that he or she already hasadd up to the equivalent of the required degree. myattorneyusa.comis owned and operated by The Law Offices of Grinberg & Segal, PLLC(Grinberg & Segal). Usually the first two sections on a resume are education and experience. Credential Evaluation, immigration, Visa Approvals ccifree.com and submit the educational documents and a current accurate resume along with the candidates job title or desired equivalence. Current laws @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} The H1B visa category is authorized by section 101(a)(15)(H)(i) of the Immigration and Nationality Act (INA). 2. h1b B. completion of the degree described in [section 214(i)(1)(B)] for the occupation, or This means that work experience that is not in a professional-level position should not be ignored when counted toward the three-for-one rule of degree equivalency. 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. closely follow USCIS H-1B deadlines, including the electronic registration and the ensuing filing period if selected, ensure your employer files and receives a timely certified application from the Department of Labor. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Need Immigration Help? Avoid These 3 Reasons for H-1B This decision focused on the evaluation performed by a foreign educational credentials evaluator. 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. What is H1B Regular Cap? By We've helped 85 clients find attorneys today. Citizenship and Immigration Services. Credential Evaluations - World Education Services 3. Are You Ready? 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. 2015 ed. Evaluation for Bachelor Degree Equivalency | Evaluation World Under section 214(i)(1), a specialty occupation means an occupation thatrequires-. Credential Evaluation Reports for Immigration Purposes When the H-1B employment ends, the employer must notify USCIS and have the petition revoked. 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. H-1B Specialty Occupations, DOD Cooperative Research All Rights Reserved. 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. 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. There are two basic requirements to satisfy the specialty occupation standard. WebH-1B1. 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. 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. 214.2(h)(4)(iii)(D)(4). An official website of the United States government. equivalent 27 Whitehall Street, 5th Fl H-1B, H-1B1 and E-3 Specialty (Professional) Workers 214.2(h)(4)(C)(ii). The list is not exhaustive and there could be other qualifications in these countries that are also equivalent to the US bachelors degree. Our industry-standard 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. However, that the position qualifies as a specialty occupation does not guarantee that the H1B petition is ultimately approvable. Foreign Degree Evaluation for H1B Visa For most graduates, the H-1B non-immigrant visa category is a natural progression after Optional Practical Training (OPT) or employment as a contractor. Dinsmore immigration attorneys leverage more than130 years of cumulative experience to craft strategies and solutions to meet unique immigration needs. What is H1B Visa Cap? Webhelp_is LLB equivalent to JD in the US? You can discuss in greater detail the achievements, challenges or unique things you learned while working to earn your bachelors degree. Lucy Cheung. In such cases, the employer will need to submit a copy of the prospective employee's license with the H-1B petition. Privacy Policy. In some states, the information on this website may be considered a lawyer referral service. Preprocessing Analysis Conclusion Frequently Asked Questions What is H1B Visa? H-1B Job Employers do not need to ask to be included in any subsequent selections. "Progressive" means that the employment became more responsible or complex over time. USCIS uses a three-for-one formula, whereby three years of progressive employment is the equivalent of one year of university studies. Rather, the person gradually attains professional-level ability through work experience that culminates in the achievement of the professional level. 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. Be aware that some countries offer three-year bachelor degrees, which will not qualify for an H-1B visa. A credential evaluation is an evaluation by a US credential evaluation organization that confirms the foreign degree is the equivalent of a US degree in the same or similar field.

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