Culmination of Degrees Found by AAO Equal to 4-Year U.S. Degree
Posted Jul 11, 2008; updated Jul 28, 2008
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The Administrative Appeals Office (AAO) recently approved the appeal of a petition for a third preference category (EB3) worker, previously denied due to issues of degree equivalency. The beneficiary was sponsored for a position as a public school science teacher. The AAO found that a one-year Indian Bachelor of Education degree, for which a 3-year bachelor degree was a prerequisite, is the equivalent of a U.S. bachelor's degree. The Murthy Law Firm was not involved with any of the filings in this case, but is pleased to report this development to our MurthyDotCom and MurthyBulletin readers.
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Initial Denial of I-140 Petition Based on Combination Education
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In this case, the Cleveland Municipal School District filed an I-140 petition seeking to employ a science teacher at the secondary school level. The Nebraska Service Center (NSC) of the USCIS denied the I-140 petition, finding that the sponsored teacher's education was insufficient to meet the education requirements set forth in the labor certification, Form ETA 750, as it was certified. The labor certification required that the beneficiary have a bachelor's degree or the foreign equivalent.
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Indian Degrees Involved : 3-Year Degree and 1-Year Degree
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The sponsored science teacher had completed two baccalaureate degrees, which were awarded by Ethiraj College and University of Madras in India. She had attended Ethiraj College, Chennai, India for three years and had received a Bachelor of Science degree in botany. Thereafter, she attended the University of Madras, in Chennai, India for one year, and received a Bachelor of Education degree. The NSC issued a Request for Evidence (RFE) and the petitioning school district responded by providing documentation of the degrees, academic transcripts from the University of Madras, and teacher licenses from the Ohio Department of Education, as well as an educational evaluation from an educational credentialing service.
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Lack of Single-Source Degree
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The issue in this case was the requested category of EB3, Professional. Under the regulations, the petition must be accompanied by evidence that the foreign national holds a U.S. bachelor's degree or a foreign equivalent degree. The USCIS interprets this language to mean that the foreign national must hold a single-source degree from one institution that is determined to be the foreign degree equivalent of a U.S. bachelor's degree in order to be considered as a professional for EB3 purposes. Thus, it is not sufficient to obtain multiple courses of study that, when taken together, are deemed to be equivalent to a U.S. bachelor's degree. There must be one degree, which, standing alone, meets this requirement.
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This Series of Education Is Deemed Acceptable for EB3
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The AAO found that the three-year Indian Bachelor of Science in botany was not a single foreign equivalent degree to a U.S. baccalaureate. This was based upon information that confirmed that this degree represents a level of education comparable to two to three years of study in a U.S. university. However, the AAO also found that the Indian one-year bachelor of education degree, for which a 3-year bachelor's degree was a prerequisite, is the equivalent of a U.S. bachelor's degree. Because the sponsored teacher's Bachelor of Education was awarded only after the prerequisite three years of university level education, the AAO found that this Bachelor of Education degree may be deemed as a foreign equivalent to a U.S. bachelor's degree.
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Conclusion
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This non-precedent AAO decision emphasizes that the USCIS will look closely at the education of beneficiaries for EB3 or EB2 professional petitions. It is important to properly analyze foreign degrees when filing any employment-based green card application. We at Murthy Law Firm appreciate the AAO's publication of this decision and its guidance to employers and foreign-educated persons seeking employment-based lawful permanent residence in the United States.