Overview of Foreign Degree Credential Evaluations

A person’s education background can play a pivotal role in certain employment-based immigration processes, such as when filing a PERM labor certification case or an H1B nonimmigrant petition. If the person being sponsored has a foreign degree, it typically is necessary to demonstrate that the foreign degree is the equivalent of a U.S. degree. Although foreign degree equivalency is a complex issue, this MurthyDotCom article provides an overview of some of the major considerations when determining educational equivalency.

U.S. Degree Levels

The U.S. collegiate system generally includes the following degree levels: a two-year associate’s degree, a four-year bachelor’s degree, and a two-year master’s degree. Other forms of advanced degrees include professional degrees (e.g., juris doctor or doctor of medicine) and doctoral degrees, such as a Ph.D.

When Credential Evaluations Are Needed

A credential evaluation is required for specific immigration processes. For an individual to qualify for the H1B visa classification, the position must be a “specialty occupation,” which, in part, generally requires at least a U.S. bachelor’s degree or its equivalent. Therefore, a person who graduated from a foreign university seeking H1B classification typically will need to prove the attainment of an education equivalent to a U.S. bachelor’s degree. Credential evaluations are also necessary for the PERM labor certification process if the position requires a certain level of education. Medical professionals who studied abroad generally need to obtain a credentials evaluation, regardless of whether an individual is applying as a nonimmigrant worker or for a green card.

AACRAO EDGE Database

To determine if a foreign national’s education is equivalent to a U.S. degree, the U.S. Citizenship and Immigration Services (USCIS) often uses the American Association of Collegiate Registrars and Admissions Officers’ (AACRAO) Electronic Database for Global Education (EDGE). This database helps assess the educational equivalency of foreign degrees. Given the complexity of evaluating foreign credentials, it is essential to use a reliable and experienced credential evaluation service which is familiar with the EDGE database for accurate determinations.

Three-Year Bachelors’ Degrees

A common issue with foreign degrees arises when an individual earns a bachelor’s degree through a three-year program. A three-year degree typically is not considered equivalent to a four-year U.S. bachelor’s degree. That said, alternative strategies may be available for an individual with a three-year degree, depending on the specific immigrant or nonimmigrant classification the individual is seeking.

The “Single-Source Degree” Rule

The PERM Labor Certification process includes both the EB2 and EB3 categories, as detailed in the MurthyDotCom InfoArticle, EB2 or EB3: Understanding the Difference (26.Feb.2024). Certain employment-based green card classifications require that an applicant’s degree be “single-source.” This means that when combining multiple degrees or diplomas to equate to a U.S. bachelor’s or master’s degree, the degrees must be related in such a way that the credits from one degree are a requisite for obtaining the other. As a result, even if an individual’s education is deemed equivalent to a U.S. bachelor’s or master’s degree, whether the degrees are considered single-source can impact whether the individual possesses the education required to qualify for an EB2 position.

Postgraduate Diplomas

Indian nationals often obtain a three-year bachelor’s degree and a post-graduate diploma after secondary school. A professional credentials evaluation is necessary to determine if this combination is equivalent to a U.S. bachelor’s degree and whether it meets the single-source requirement for certain immigration categories.

3-to-1 Experience-to-Education Rule for H1B Classification

As mentioned above, an individual seeking H1B nonimmigrant classification generally needs to have a four-year U.S. bachelor’s degree or its equivalent. If an individual has relevant work experience in the field of the required degree, it may be possible to use experience in lieu of some or all of the necessary education, with the general requirement that three years of relevant work experience is equivalent to one year of baccalaureate education.

For example, an individual with a three-year bachelor’s degree and three years of related experience could combine the two to demonstrate the equivalent of a four-year U.S. bachelor’s degree. Alternatively, an individual with no degree, but with twelve years of relevant experience may also be able to show equivalency to a U.S. bachelor’s degree. It is important to note that this equivalency rule applies only to H1B nonimmigrant classification and cannot be used to meet the education requirement for the PERM Labor Certification process.

Conclusion

Foreign degree equivalency is an essential consideration in many employment-based immigration processes. Proper analysis of an individual’s foreign education is critical for determining whether an individual qualifies for a certain visa classification and the overall best-case strategy. The attorneys at the Murthy Law Firm understand the intricacies of degree equivalency considerations and can advise to help ensure successful immigration outcomes.

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