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. 2015 ed. .manual-search ul.usa-list li {max-width:100%;} 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. Webhelp_is LLB equivalent to JD in the US? The employer must pay the H-1B employee the higher of the actual wage or prevailing wage, as described in, Dependent family members (spouses and unmarried children under age 21) are eligible for. 2. I agree with my colleagues. I studied in Political science, i also studied Finance extension at UCLA(certificate program) but worked as a banker for 8 years in my country. Morningside 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. Under the regulation, an alien may use a combination of to satisfy degree equivalency for H1Beligibility: Education; If the college grants the credits based the H1B petition beneficiary's 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 requireddegree. A recognized authority is a person or organization with expertise or knowledge in the specialty field and who has the expertise to provide the opinion requested, CFR 214.2(h)(4)(ii); Membership in a recognized society or association in the specialty; Published material in trade journals, book, or professional publications, either about or by the beneficiary; A license or registration to practice the specialty occupation in a foreign country; Achievements that have been determined by a recognized authority as a significant contribution to the specialty field. 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. 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. You must submit evidence of the beneficiarys education credentials (with English translations when applicable) at the time you file your petition. New York, NY. 7. 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 h1 element is used to indicate the most important (or highest-level) heading on the page. The second is that the foreign national employee must have a relevant degree or the equivalent. The employer's written request must establish the need to file by mail. 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 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. This article will explain it. FREE H-1B / E-3 Visa Resources 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. Less than 65K? Rather, the petition must demonstrate that the beneficiary trained or worked in a capacity that required the theoretical and practical application of specialized knowledge. Although many H-1B petitions are based on the beneficiarys baccalaureate-level education and degree in a relating field, it is also possible to qualify through work experience or combination of work and education. A bachelors or higher degree or its equivalent is normally the minimum entry requirement for the position. Employers need to be prepared to respond if an RFE is issued. Required fields are marked *. ol{list-style-type: decimal;} The USCIS regulations 8 CFR 214.2 (h) (4) (iii) (C) (4) state that in the absence of a U.S. or foreign equivalent degree needed to qualify for an H-1B petition, 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. Employers may submit a written request for special permission to file their LCAs by U.S. mail. The Administrative Appeals Office (AAO) Decision of September 4, 2013 overturned USCIS findings that the beneficiary was not qualified for the H-1B position. 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. 4. 1-877-872-5627www.dol.gov, Employment & Training Administration (ETA), Workforce Innovation and Opportunity Act (WIOA), H-1B, H-1B1 and E-3 Specialty (Professional) Workers, Prevailing Wage Information and Resources, Foreign Labor Application Gateway (FLAG) Online Filing, Permanent Employment Certification (PERM) Online Filing, U.S. The regulations cite the CLEP and PONSI programs as examples. WebForeign Credential Evaluation is a service provided by professional evaluation agencies to evaluate educational backgrounds, test scores, professional experiences, etc. Although the H-1B was eventually approved, it is important that H-1B petitions based on work experience are carefully executed and all evidence on work experience and evaluations are provided. Do Not Sell or Share My Personal Information. Detailed Program Description available here. An experienced immigration attorney will be able to evaluate the evidence and determine whether the beneficiary meets a degree requirement or will be required to rely on establishing degree equivalency. Others may have already earned an equivalent degree from their native country. 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, . There are two basic requirements to satisfy the specialty occupation standard. The writer's qualifications as an expert; Here is some information about level 6. Therefore, it would be risky to rely solely on 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. Here are some examples of job listings where you may see this terminology: 1. The statutes authorizing the H1B visa program are implemented through Department of Homeland Security (DHS)regulations. The employer normally requires a degree or its equivalent for the position; or 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. Trusted Advice for Academic and Professional Success, Thursday | December 1, 2022 | by Our firm insists on using evaluation agencies that use EDGE. Certain college level equivalency examinations or special credit programs may be used to qualify for H1B status through degree equivalency. H1B1 Singapore Chile Cap? F-1 Visa Updates: Benefits for International Students in the U.S. 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. 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. Work Experience in the SpecialtyOccupation. Learn More . Washington D.C.: AILA Publications, 2014. 43-50, Print. H2A (Second Class Honours A Division): 75 79% H2B (Second Class Honours B Division): 70 74% H3 (Third Class Honours): 65 69%. recognition of experience in the specialty through progressively responsible positions relating to thespecialty. An experienced immigration attorney will be able to assess this type of credential and determine its utility, or lack thereof, for satisfying degree equivalency under 8 C.F.R. @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} Finally, 8 C.F.R. H-1B Cap Season | USCIS Before filing an H1B petition, it is essential to consult with an experienced immigration attorney. The H-1B visa category is for noncitizens who will either work in the United States in a "specialty occupation," perform services under a Department of Defense-administered project, or work as a fashion model of distinguished merit and ability. Finally, the fourth way to demonstrate that the job requires a specific bachelor's degree is somewhat nuanced and likely requires some type of supporting evidence, such as a letter from a professor, to justify why the job duties are so complex that you need to have a specific degree. LCAs must be filed electronically with the Department through the. WebH1B RFE Season 2017 is Here! Rather, the person gradually attains professional-level ability through work experience that culminates in the achievement of the professional level. 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. The first step is to decide in what order you want to list your education and experience. You must provide evidence to the evaluators and to the USCIS to verify work experience. Others may have already earned an equivalent degree from their (Some jobs are also "cap-exempt."). The term recognized authority is defined in 8 C.F.R. It does not tell you the length of time the course took or how long a person held a job. 214.2(h)(4)(iii)(D) requires that one or more of the following criteria aremet: 8 C.F.R. Attorney Advertising: prior results do not guarantee similaroutcomes. The prospective petitioner must include a Form ETA-9035/9035E, Labor Condition Application (LCA) certified by the Department of Labor (DOL), with the Form I-129, Petition for a Nonimmigrant Worker. Bachelor degree or equivalent means a college degree with the equivalent of 30 semester hours in a biological or physical science program or at least 4 four years of experience in a specific related scientific discipline. If selected, employers have at least 90 days from April 1 to file their H-1B petitions. In that case, clearly state in the petition that a license is not required. submitting an online registration into a lottery, and. 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. 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. 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. 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. However, 8 C.F.R. ensure your employer has the correct information to file a complete and accurate H-1B petition. 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. Education evaluation for H1B is the process of checking how your educational qualifications match up with the equivalent U.S. degrees or qualifications. All RightsReserved, Evaluation from Official Who Has Authority to Grant College-Level Credit for Training and/or Experience in theSpecialty, The Results of College-Level Equivalency Examinations or Special CreditPrograms, Evaluation of Foreign EducationalCredentials, Evidence of Certification or Registration in a Nationally Recognized Organization for the SpecialtyOccupation, Degree Equivalency Through Combination of Education, Specialized Training, and/or WorkExperience. In this article, we discuss bachelors degrees, their equivalency and examples of putting this information on your resume or cover letter. A recognized authority may be a person or organization with expertise, special skills, or knowledge in the particular field. H-1B The "specialty occupation" category is the one that applies to most employers and individuals. For the second criteria, a good approach, if you're the employer, is to look at job postings for comparable positions at organizations similar to yours to see if other employers require a specific bachelor's degree. 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 regulations leave open the possibility that experience alone may be sufficient to establish degree equivalency. Evidence of certification or registration from a nationally-recognized professional organization or society for the occupational specialty may help an H1B beneficiary qualify for H1B status under H1B equivalency. If you have ten Marketing Assistants, for example, and nine of them had marketing degrees when you hired them, you likely can show that the job requires a marketing degree. The H1B visa category is a nonimmigrant visa for employing foreign professionals in specialty occupations. However, that the position qualifies as a specialty occupation does not guarantee that the H1B petition is ultimately approvable. H1B An agency within the U.S. Department of Labor, 200 Constitution AveNW 8 C.F.R. The employer normally requires a degree or its equivalent for the position. To qualify for the H1B you would need to have a three year degree and 3 years of experience in the specialty. An evaluation from an official who has authority to grant college-level credit for training and/or experience in the specialty at an accredited college or university which has a program for granting such credit based on an individual's training and/or work experience; The results of recognized college-level equivalency examinations or special credit programs, such as the College Level Examination Program (CLEP), or Program on Noncollegiate Sponsored Instruction (PONSI); An evaluation of education by a reliable credentials evaluation service which specializes in evaluating foreign educational credentials; Evidence of certification or registration from a nationally-recognized professional association or society for the specialty that is known to grant certification or registration to persons in the occupational specialty who have achieved a certain level of competence in the specialty; or. #views-exposed-form-manual-cloud-search-manual-cloud-search-results .form-actions{display:block;flex:1;} #tfa-entry-form .form-actions {justify-content:flex-start;} #node-agency-pages-layout-builder-form .form-actions {display:block;} #tfa-entry-form input {height:55px;} #block-googletagmanagerheader .field { padding-bottom:0 !important; } 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. 4. However, the regulation in 8 C.F.R. Federal government websites often end in .gov or .mil. 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. Super organized and professional work. 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. H1 (First Class Honours): 80% or above. If the prospective H-1B worker has relevant experience, however, you might be able to obtain an evaluation of the educational equivalency. When you are already working for an organization, If you have a willing employer who wants to, ask your employer or the HR manager to contact or join you at, For existing jobs, try to find out if each employee who held the position before you, similar degrees, or if the employer has always required someone with a specific degree to fill the. 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. Preprocessing Analysis Conclusion Frequently Asked Questions What is H1B Visa? The beneficiary must also show recognition of expertise in the specialty field through positions directly related to the specialty field. WebUSCIS requires that H-1B visa applicants with foreign degrees or diplomas have their educational credentials evaluated by an independent credential evaluation agency. obtained outside the United States. It also does not apply to H-4 family members. 2. Yes, one must have a bachelors or equivalent to be eligible for an H1b. Qualification? 214.2(h)(4)(iii)(D). If a foreign degree is being relied upon, it is always advised to consult with an experienced immigration attorney before filing the petition. Every employer is different in terms of structure and familiarity with the immigration process. The E-3 program allows employers to temporarily employ foreign workers from Australia in the U.S. on a nonimmigrant basis in specialty occupations. The prospective petitioner must include a Form ETA-9035/9035E, Labor Condition Application (LCA) certified by the Department of Labor (DOL), with the Form I-129. While this sounds simple, it sometimes can become quite complex. Employment Options for Students on an F-1 Visa. This cap includes 65,000 "regular" H-1B slots and 20,000 slots for people with master's degrees or higher. Under 8 C.F.R. 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. Advanced Degree? Since 2019, the U.S. Department of Homeland Security (USDHS the parent agency of USCIS), has required employers to submit an electronic registration for each person seeking an H-1B visa. H1B Visa: A bachelors degree or its equivalent in a specific field must be the minimum requirement for entry into the position. Its a requirement that those entering the U.S. under a H1B visa posses a bachelors degree or the equivalent. 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. WebCredential Evaluations WES evaluates academic credentials from more than 48,000 institutions in 203 countries and territories around the world. For purposes of determining equivalency to a Bachelor's Degree in the Specialty, The foreign national's training and/or work experience included theoretical and practical application of specialized knowledge required by the specialty occupation; and, The foreign national's experience was gained while working with peers, supervisors, or subordinates who have a degree or its equivalent in the specialty occupation; and. 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. Privacy Policy | Cookie Policy | Consolidated Appropriations Act. H-1B visa occupations are professional-level jobs that require a U.S. bachelors degree, the equivalent or higher. Dinsmore immigration attorneys leverage more than130 years of cumulative experience to craft strategies and solutions to meet unique immigration needs. As a minimum for entry, such occupations require a bachelors degree or higher (or its equivalent) in a specific specialty. The process can be complex and unforgiving. 214.2(h)(4)(C)(iii)(D)(iv) allows the petition to rely upon the beneficiary's licensure or registration to practice in the specialty occupation in a foreign country. This means you need to show that you have acquired the necessary level of knowledge through relevant and progressively responsible work experience. H-1B Advanced degree (Master's or higher from U.S. institutio This rule sets that one year of college-level education can be substituted by three years of specialized work experience. The site is secure. When the beneficiary filed his petition in 2012 he submitted the supporting evidence such as two evaluations of his credentials, transcript from the 3-year program, various certificates showing relevant training, and letters of support proving recognition in the field. h1 is the highest heading level (and, by default, the largest in terms of font size) and h6 the lowest (and smallest). A credential evaluation is an evaluation by a US credential evaluation organization that confirms the Work Experience Evaluations. 8 C.F.R. There was a problem with the submission. WebIntroduction: H1B Degree Equivalency. The WES Credential Evaluation Process Explained. 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. Thank you. I hold a Bachelor of Laws degree (LLB) in Taiwan, and I have a U.S. LLM. Faculty & Staff Immigration Advisory Council, Frequently Asked Questions About J Status, Raoul Wallenberg International Travel Summer Award, Mark and Myra Sorensen International Travel Scholarship. How to Qualify for an H-1B Petition Based on the Beneficiarys H-1B, H-1B1 and E-3 Specialty (Professional) Workers In either case, the employer prepares and files the petition. have already earned an equivalent degree from their native country. The opinion submitted by a recognized authority muststate: 1. There is no degree equivalent to a doctorate degree under the currentregulations. Bethesda, MD, Harrisburg, PA H-1B Real Immigrants Share Advice for Moving to the U.S. Get timely updates from WES, and discover other tools and publications. WebMorningsides academic evaluations assess foreign academic credentials to determine their equivalency in the United States. equivalent It is recommended in such cases that the H1B petition beneficiary have more than the minimum 12 years of experience.3, The regulation requires that the training or work experience have included the theoretical and practical application of specialized knowledge required by the specialty occupation This means that it is not merely sufficient for the beneficiary to have generally trained or worked in the field. The degree requirement for the job is common to the industry among similar organizations, or the job is so complex or unique that it can be performed only by a person with a degree. It is important to note that under 8 C.F.R. The In-Depth Guide To H1B Degree Equivalency - Herman Law When the H-1B employment ends, the employer must notify USCIS and have the petition revoked. Section 101(a)(15)(h)(i)(b) specifies that the H1B visa category is for an alien who is coming temporarily to the United States to perform services in a specialty occupation described in section 214(i)(1) [of theINA].
How To Report A Toxic Boss,
Half Marathons Massachusetts 2023,
Articles H