The Immigration and Naturalization Service ("INS") requires that all H1B petitions filed on behalf of foreign nationals with a foreign degree submit an education credential evaluation with the initial H1B petition. An education credential evaluation is an opinion from a qualified individual or agency stating whether or not the alien’s formal education is equivalent to a U.S. degree. In order to obtain an education credential evaluation, copies of all of the alien’s degrees, diplomas, transcripts, mark sheets, secondary education (Indian degrees), higher secondary education (Indian degrees), "0" levels (U.K. degrees), "A" levels (U.K. degrees), etc. must be submitted to such an agency for an evaluation. Normally, if sixteen years of formal education are documented, an opinion stating that the individual has the equivalent to a U.S. degree may be obtained.

It is also important that the foreign national's degree be related to the field in which (s)he will be working. For example, for a System Analyst position, the INS traditionally allows individuals with Mathematics and Engineering degrees to qualify, as well as Computer Science majors. Conversely, the INS tends to argue considerably over individuals with bachelor’s degrees in Business, Commerce, or other management-type fields.

If an opinion is received stating that a foreign national does not have the equivalent of a U.S. bachelor’s degree, the foreign national's work experience must be considered. The INS recognizes the concept of education/work "equivalency". Generally speaking, the INS permits a foreign national to substitute three years of experience for one year of education. For example, an individual who had completed two years of post-high school education would need to have six years of work experience in order to qualify for an H1B visa. Another example would be an individual who had no education following high school, but had twelve years of experience. This person would also potentially qualify for an H1B visa, although such cases are rarely approved. It is important to note that the experience needed must be of such as level that a person holding a bachelor’s degree or higher would normally perform these duties.

In order to obtain a H1B visa based upon equivalent work experience, it is necessary to supply to the INS experience certificates from all prior employers to document the prior experience. A resume alone is not sufficient proof for the INS; expert opinions are required. Moreover, such petitions oftentimes take longer for the INS to process.

In order to provide a preliminary review of a foreign national's educational credentials, Hammond & Associates must review the following documents:

• Resume.
• Copy of diploma(s).
• Copy of transcripts.
  

Hammond & Associates can send this information to a certified educational evaluator to determine the likelihood of the foreign national qualifying for a H1B visa. This preliminary approach should only be used in situations where there is some doubt as to whether an individual’s degree is, in fact, equivalent to a U.S. bachelor’s degree. A simple, non-technical approach, is to add the years of formal education which an individual possesses. If they have sixteen years of formal education, they will most likely be recognized as equivalent to a U.S. bachelor’s degree. If in doubt, it is always good to seek a preliminary opinion before making the commitment of a job to an individual.