Three Year Bachelor’s Degrees – Good For H-1B, However Not For a Green Card?

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This is a concern quite in focus in recent times generally as a result of a perceivable change in criteria of adjudication embraced by the USA Citizenship and also Migration Solutions (USCIS). A near-panic has actually been caused amongst people with the so-called “3 year” levels by the denial of a variety of employment-based requests by USCIS in current times.

In several countries (especially of the British Commonwealth), one can obtain a bachelor’s degree after a total amount of 15 years of education, either as 12 years greater second and also a 3 year degree, or in some instances, with a 10 +2 +3 program. People holding such bachelor’s degrees are recently locating it hard to acquire employment-based immigrant visas in the Legal Advice For British Citizenship UK choice (EB-3) “specialist” tasks. Specialist work are specified as those that need a bachelor’s level as the beginning need.

Bachelor’s levels in the united state are usually granted after a total of 16 years of education, i.e., 12 years up till Senior high school as well as 4 years of university. So when an employer processes a Labor Qualification for an employment-based “permit” in a professional profession (i.e., with the need of an U.S. Bachelor’s level or its foreign equivalent), the presumption is that of a foreign bachelor’s degree that is comparable to a united state bachelor’s degree.

Up until recently, this could be achieved making use of the experience equivalency evaluation. That is, a bachelor’s level similarity could be acquired by replacing 3 years of work experience for one year of scholastic education. So, a person with a 3 year degree (gotten after a total of 15 years of schooling) could be assessed as having the matching of a united state bachelor’s level if he/she had 3 years of job experience in a related field. Technically, this could be put on a circumstance even Permanent Residency For Long Residency (or, in some countries, pre-university or pre-degree) diploma and 12 years of experience, he/she would qualify as the holder of a United States comparable BS level. It is understood that a significant variety of situations have actually been approved over the years using this criterion.

But current choices by the USCIS reveal an entirely various pattern. Immigrant Visa applications are being rejected by the USCIS for the absence of a “single” four-year degree. To quote from such a denial, “… the policy at 8 CFR 204.5 (l)( 3 )( ii)( C) is clear in permitting just for the similarity of one foreign level to an USA bachelor’s degree, not a combination of levels, diplomas, or work experience. There is no comparable provision to replace a mix of levels, job experience, or certificates which when taken together equals the very same quantity of coursework needed for a United States baccalaureate degree …”.

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