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EDUCATIONAL EVALUATIONS
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 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.
How to File
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 Law Group, LLC 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.
[back to H-1(b) information]
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