TSC Reviewing Foreign Medical Degrees Problem

MurthyDotCom and MurthyBulletin readers recently were advised of an emerging problem involving international medical graduates (IMGs) with Bachelor of Medicine and Bachelor of Surgery (MBBS) degrees. In short, the USCIS, through the Texas Service Center (TSC) is, in some cases, not considering the MBBS to be sufficient for the employment-based, second preference (EB2) category. Due to significant concerns voiced at many levels regarding this problem, the TSC is willing to review cases involving this issue. For more information on the legal matters that gave rise to this difficulty, see our December 12, 2008 MurthyBulletin article, Indian Medical Degrees NOT EB2 Advanced Degrees, Per USCIS, available on MurthyDotCom.

TSC Reviewing Problem Cases

The TSC has consented to review the decisions in cases brought to their attention through appropriate channels set up through the American Immigration Lawyers Association (AILA). They are interested particularly in cases that were supported by an educational credentials evaluation, and in which the position requirements set out in the labor certifications were for M.D.s with alternative equivalent foreign degrees (either specifying the foreign degree or using other language permitting a foreign equivalent).

Keep Responding to RFEs, NOIDs, and other Notices

While this matter is being addressed, it is still necessary to respond to Requests for Evidence (RFEs), and Notices of Intent to Deny (NOIDs) in related cases within the required legal timeframes. The same holds true for filing timely Motions to Reopen (MTRs) and/or appeals in cases that have been denied.

Conclusion

TSC’s agreement to review the issue of foreign medical degrees, like the MBBS, is a positive step. With a bit of common sense, this can hopefully be resolved favorably, rather than requiring further appeals and protracted litigation. We will continue to share useful information on this matter with MurthyDotCom and MurthyBulletin readers.