US Immigration News

President-elect Donald Trump again has vowed to revoke birthright citizenship through an executive order. The proposed executive order would specifically target birthright citizenship for children born in the United States to parents who are illegally present in the U.S. or children born as a result of “birth tourism” to parents who have entered on a B-2 visitor visa for the purpose of having a child born in the U.S. However, this is likely political posturing, because legal experts nearly all agree that the President has no ability to independently alter this legal right provided by the U.S. Constitution.

What is Birthright Citizenship?

By its most basic definition, birthright citizenship states that a person born in the United States, with very limited exceptions, automatically becomes a U.S. citizen at birth. This principle is derived from Section One of the Fourteenth Amendment to the Constitution, which states:

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.

President-elect Trump and others in his incoming Administration contend that “subject to the jurisdiction thereof” implies that birthright citizenship does not automatically apply if the person’s mother is in the U.S. without legal status at the time of the child’s birth. The overwhelming majority of legal scholars, however, view this as a fringe theory. The general understanding of this phrase is that it simply excludes those who are truly not subject to U.S. jurisdiction, such as the children of diplomats.

Executive Order Cannot Alter Constitutional Protections

Given that birthright citizenship is a legal right enshrined in the U.S. Constitution, this right could be altered only through an amendment to the Constitution, barring a radical reinterpretation by the U.S. Supreme Court. Only Congress and the state legislatures – not the President – have the ability to amend the U.S. Constitution.

Conclusion

President-elect Trump’s remarks likely were made in hopes of energizing his base. Even if he does move forward with such an executive order, it is likely to be immediately struck down by the courts.

 

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The updated Skills List is to be published on Monday in Federal Register. Some countries, including China, India, Brazil, and South Africa have been deleted from the list altogether. Those subject to the two-year home residency requirement solely based on the previous Skills List no longer have to comply with the 2-year home residency requirement.

The post New J-1 Skills List to be Published 09.Dec.2024 appeared first on Murthy Law Firm | U.S Immigration Law.

Generally, a foreign national is limited to a maximum duration of stay of six years in H1B status, but the law provides several exemptions to this limit. Most common exemptions include extensions in three and one-year increments. This article focuses on extensions in one-year increments if an employment-based permanent residence (“green card”) case was filed at least 365 days before the end of the sixth year in H1B status. For most green card cases, this process begins with the filing of the PERM labor certification, while for cases that do not require a labor certification, the I-140 immigrant petition serves as the first stage.

A challenge can arise, however, when a foreign national’s priority date has been current for more than a year, yet they have not filed for adjustment of status (Form I-485) or applied for an immigrant visa. In such cases, the foreign national is not eligible for the one-year extension unless it can be demonstrated that the failure to file was due to circumstances beyond their control. Despite this hurdle, there are strategies available to seek an extension in this situation. Understanding these strategies is crucial for foreign nationals pursuing employment in the United States while seeking lawful permanent resident status.

Examples of Circumstances Beyond the Foreign National’s Control

When seeking an H1B extension under this exemption, it is important to provide compelling evidence of why the adjustment of status or visa application was not filed within the required timeframe. Some examples of circumstances that the USCIS may consider valid include:

• Job Loss Due to COVID-19 or Economic Downturns: If the foreign national’s I-140 employment ended during the pandemic or other economic disruptions, and they could not proceed with the green card process.
• Employer’s Inability to Proceed with Green Card Sponsorship: Situations where the employer’s business faced financial hardship, closed operations, or withdrew support for the green card process.
• Health or Family Emergencies: Personal circumstances, such as severe illness or family crises, which prevented timely filing.

In contrast, voluntarily leaving a job and failing to timely initiate the green card process with a new employer may not be sufficient to meet the threshold for circumstances beyond one’s control.

Demonstrating Steps Toward Green Card Sponsorship

To strengthen the case for an H1B extension, foreign nationals should also demonstrate that they are actively pursuing their green card with a new employer. This likely will involve showing evidence that the new employer has initiated the PERM labor certification process, even if it is still in the early stages due to processing delays for prevailing wage determinations at the U.S. Department of Labor. Although delays in the PERM process may limit the ability of the foreign national to rely on the new employer’s PERM for an extension of the six-year limit, it is important to present evidence of ongoing efforts and intent to file the green card.

Conclusion

Extending H1B status beyond the six-year limit when the form I-485 or application for an immigrant visa has not been filed within one year of visa availability requires careful documentation and planning. Successfully demonstrating that the failure to file was due to circumstances beyond the foreign national’s control, coupled with evidence of active green card sponsorship efforts, is key to increasing one’s chance of approval.

 

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The post Extending H1B Beyond 6 Years in One-Year Increments appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

No, there is no family-based category that allows a green card holder to sponsor a parent for a green card. Generally, only a U.S. citizen can sponsor a parent for a family-based green card under the immediate relative category. (03.Dec.2024)

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The post Now that my I-485 has been approved, can I sponsor my parents for green cards? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

You do not need to add your spouse to your pending or approved I-140. When you are eventually eligible to file your I-485 adjustment-of-status application, or file for an immigrant visa at a consular post, you will be able to include your spouse at that time, with proof of the qualifying relationship. (03.Dec.2024)

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The post My employer recently filed an I-140 for me. I am currently single. If I later get married, how to add my spouse to my green card case? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

No. Unfortunately, there will not be a third round of selections from the H1B lottery. The USCIS announced on Monday, 02.Dec.2024 that the H1B cap was finally reached. (03.Dec.2024)

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The post Is there any chance that there will be a third H1B lottery this year? appeared first on Murthy Law Firm | U.S Immigration Law.

The USCIS has received enough petitions to reach the H1B cap for fiscal year 2025, but the next lottery is not too far away! Contact us to start your registration process.

The post USCIS Reaches Fiscal Year 2025 H1B Cap appeared first on Murthy Law Firm | U.S Immigration Law.

Today, the U.S. Citizenship and Immigration Services (USCIS) announced that, if a report of immigration medical examination and vaccination record (form I-693) is required for an adjustment of status application (form I-485), it must be filed at the same time as the I-485. Failure to submit a necessary I-693 alongside the I-485 application may result in the I-485 being rejected by the USCIS.

This policy change has been implemented to reduce the number of requests for evidence (RFEs) issued on I-485 filings. It goes into effect immediately.

 

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On Tuesday, November 19, 2024, the U.S. Citizenship and Immigration Services (USCIS) announced that it had updated guidance on determining the legal and physical custody requirements of a child of one or more U.S. citizen parents for purposes of qualifying for derivative citizenship. Derivative citizenship refers to the automatic granting of U.S. citizenship to the lawful permanent resident child of a U.S. citizen parent, in a case where the child resides in the U.S. under the legal and physical custody of the U.S. citizen parent.

General Requirements for Derivative Citizenship

Under the Child Citizenship Act of 2000, a child born outside the United States automatically acquires derivative citizenship if ALL the following requirements are met:

• At least one parent of the child is a U.S. citizen, whether by birth or through naturalization
• The child is under the age of 18
• The child is a lawful permanent resident
• The child is residing in the U.S. in the legal and physical custody of the U.S. citizen parent

Update Makes it Easier to Qualify for Derivative Citizenship

The recent update “clarifies and expands” on what is meant by legal and physical custody. Accordingly, it should allow for more children to qualify for derivative citizenship.

Legal Custody

Legal custody is determined by local law or court order where the child resides. Typically, parents listed on the birth certificate are assumed to have legal custody. The USCIS has expanded on guidance for legal custody in a variety of situations, including divorce / separation, joint custody, and certain types of custody orders and agreements. If there is no judicial determination on legal custody and the law does not determine custody, the U.S. citizen parent who has actual uncontested custody has legal custody.

Physical Custody

When a child resides or physically lives with the parent, the U.S. parent has physical custody. This can be demonstrated by sharing the same address, evidence of school or hospital records, and affidavits, if necessary.

Conclusion

The USCIS has clarified the definition of physical and legal custody for children to derive citizenship and expanded guidance under the law. Still, as these issues can become complex, it is best to consult an immigration attorney to discuss the specific facts of your case.

 

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The post USCIS Updates Guidance on Custody Requirement for Children Acquiring Derivative Citizenship appeared first on Murthy Law Firm | U.S Immigration Law.

U.S. Department of Homeland Security (DHS) published a Federal Register notice designating Lebanon for Temporary Protected Status (TPS). Lebanese nationals continuously residing in the U.S. since 16.Oct.24 & physically present in the U.S. since 27.Nov.24 can apply if otherwise eligible. Read our overview of TPS.

The post Lebanon TPS appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

Assuming your wife’s I-485 was filed based as your dependent, normally nothing would need to be filed for your spouse in this situation. (26.Nov.2024)

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The post I have a pending I-485, and recently filed a Supplement J based on my move to a new employer. Do I need to file anything for my wife’s I-485? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

The U.S. Department of State’s visa reciprocity schedule lists civil documents, such as birth and marriage certificates, that are acceptable alternative documents based on one’s country of birth. (26.Nov.2024)

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The post I don’t have my birth certificate from my home country. What alternate documents will U.S. immigration officials accept for birth documentation for my green card case? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

No, there is no requirement that you be in L1A status for your employer to sponsor you for an EB1(c) position. If you meet the requirements for EB1(c), whether you are in H1B or L-1 status generally has little-to-no impact. (26.Nov.2024)

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The post After working in India for several years as a manager, my employer transferred me to its U.S. subsidiary in H1B status. For the company to sponsor me for EB1(c), do I have to move to L1A status, first? appeared first on Murthy Law Firm | U.S Immigration Law.

A lawful permanent resident (LPR), commonly referred to as a “green card” holder, is generally expected to renew the green card prior to the expiration date of the card, which is typically ten years from the date of issuance. This is accomplished by filing an application to replace the permanent residence card (form I-90). There are special rules that may apply, however, if the green card was issued to a minor before the child’s 14th birthday.

Renewal Process for Minors Linked to Collecting Biometrics

When applying for a green card, most applicants are required to provide biometrics (e.g., fingerprints, photograph, and digital signature). But if the applicant is under the age of 14, biometrics are not collected.

Like most other LPRs, those under the age of 14 ordinarily are issued green cards that are facially valid for ten years. In order to ensure that all LPRs have provided biometrics by the time they reach the age of 16, special renewal requirements are in place for one who is issued a green card prior to the age of 14 that has an expiration date after the child’s 16th birthday. In such a situation, the LPR is required to file form I-90 and submit biometrics within 30 days of the child’s 14th birthday.

Application Fee Waived if Form Timely Filed

If the child’s card will expire after their 16th birthday, and, as required, the I-90 is filed within 30 days after the child’s 14th birthday, the filing fee for the I-90 application is waived. If the I-90 is filed before the child’s 14th birthday, or more than 30 days after the child’s 14th birthday, the I-90 filing fee generally is required.

Conclusion

This rule regarding green cards issued to minors can be easy to overlook, especially, as there is a short window of time when the application is expected to be filed. Given the financial incentives of being able to file without paying the I-90 application fee, any parent of a child who falls within the scope of this rule would be wise to have the application ready to file as soon as the child’s 14th birthday passes.

While some aspects of immigration have changed in significant ways in the years since MurthyDotCom began publishing articles in 1994, there is much that is still the same. From time to time, clients of the Murthy Law Firm are referred to articles, like this one, which remains relevant and has been updated for our readers.

 

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The post Special Renewal Requirements for Green Cards Issued to Minors appeared first on Murthy Law Firm | U.S Immigration Law.

President-elect Donald Trump soon will be sworn in as the forty-seventh President of the United States, and many foreign nationals are nervously waiting to see how and when he will implement many of the disruptive immigration policies that marked his first term in office. One issue of concern is that Trump may reimplement the “Muslim Ban,” which restricted entry to the U.S. from certain countries. While we cannot predict Trump’s future actions, his past actions can be instructive as to how an individual might prepare for what could come.

Muslim Travel Ban Criteria

During his first term in office, on March 6, 2017, President Trump signed Executive Order 13780, commonly referred to as the “Muslim Ban,” which restricted entry to the U.S. from numerous nations, most of which are Muslim majority countries. Importantly, the final version of this restrictive measure was reflected in Presidential Proclamation 9645 issued on September 24, 2017, which qualified that the various travel restrictions only applied to an individual who, as of the policy’s effective date, was outside of the U.S., did not have a valid visa stamp in their passport, and did not have a visa revoked or canceled by the first executive order from March 6, 2017.

How to Best Prepare for Another Muslim Ban

An individual who potentially could be subject to a new travel ban can take the following steps to prepare for another such ban. Preferably, the individual should be in the U.S. before January 20, 2025, which is when President-elect Trump will take office. If this is not possible, the individual at least should have a valid visa stamp in their passport by that date.

Conclusion

The incoming Trump Administration is almost certain to bring significant changes to current immigration law and policy. Whether a new travel ban will be imposed and, if so, what form it will take, is still unclear. The Murthy Law Firm will continue to update and inform the public on new developments and any steps an individual can take to successfully immigrate to the U.S.

 

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The post Preparing for a Possible Travel Ban Under the Trump Administration appeared first on Murthy Law Firm | U.S Immigration Law.

President-elect Donald Trump will begin his second term in office as President of the United States, effective January 20, 2025. Since the election, the Murthy Law Firm has received numerous questions about how his new administration will impact U.S. immigration law and policy. To assist MurthyDotCom readers, we have compiled answers to some of the most common questions we have received. These answers are based on what we know so far, as well as our experiences during Trump’s first term. However, this very speculative, and the situation likely will be in flux for months as the new administration takes control of the federal government.

General Questions

Q1. How could my immigration process be affected by the incoming Trump Administration?

A1. Each immigration case is unique. While the President has significant influence over immigration policy, his ability to change specific rules depends upon whether the rule is statutory, regulatory, or based on administrative policy, as explained in the MurthyDotCom InfoArticle, Uncertain Future of Various Immigration Benefits (24.Jun.2024).

Q2. Are there any general changes to expect?

A2. We expect longer processing times for many applications and petitions filed with the U.S. Citizenship and Immigration Services (USCIS). Additionally, we expect many case-types to receive greater scrutiny, leading to a higher volume of requests for evidence (RFEs) or notices of intent to deny (NOIDs) than we have seen during the Biden administration.

Green Card Process

Q3. Will my PERM labor certification case be impacted by the new administration?

A3. The PERM labor certification process, which is handled by the U.S. Department of Labor (DOL), remained largely unchanged during the previous Trump Administration. While there was a proposal to introduce a filing fee for labor certifications, and another proposal to increase wage obligations for employers, neither of these changes was implemented. Any such changes likely would require a formal rulemaking process, so it is not something likely to be implemented in the immediate future.

Q4. Will it be harder to obtain an I-140 approval based on a labor certification under the new administration?

A4. The purpose of the I-140 immigrant petition is to demonstrate that the employee meets the requirements of the labor certification at the time of filing. This includes education, experience, special skills, and the employer’s ability to pay. These requirements did not change under the first Trump Administration.

Q5. I heard that extensive financial documents were required for green card cases during the last Trump Administration. Why was that, and will it happen again?

A5. Under U.S. immigration law, individuals who are considered likely to become a public charge (i.e., dependent on government assistance) are inadmissible to the U.S. The previous Trump Administration implemented a stricter – and far more burdensome – public charge rule, which mandated that all I-485 applicants submit significant amounts of financial documentation. While we cannot predict with certainty whether this rule will return, it is likely that public charge concerns once again will be a priority for the new administration.

Q6. I have a pending I-485 application and want to apply for advance parole. Will it be harder to get approval under the new administration?

A6. Not necessarily. While the advance parole process might face some changes (such as shorter validity periods or longer processing times), this does not automatically mean that approvals will be more difficult.

Q7. My parents entered the U.S. on a B-2 visa and I want to apply for a green card for them. Should they be concerned about the application process under the new administration?

A7. Generally, individuals cannot enter the U.S. on a B-2 visa with immigrant intent. Under the previous Trump Administration, there was increased scrutiny regarding whether an individual who applied for adjustment of status after entering on a B-2 visa had immigrant intent at the time of entry.

Q8. Were there any significant changes to the filing process for concurrent filings under the prior Trump Administration?

A8. Ultimately no. But a proposed rule suggested that concurrent filings (filing the immigrant petition, such as I-130 or I-140, together with the I-485) would no longer be allowed. This proposal, however, did not go into effect.

H1B Visas

Q9. Has President-elect Trump provided any clear guidance on what changes to expect in the H1B visa process?

A9. No, there has been no definitive statement from President-elect Trump regarding H1B visas. During his 2024 campaign, he held discussions with stakeholders in the tech industry, expressing some openness to increasing the number of temporary work visas. However, other figures within his Administration have long pushed for reducing work visas.

Q10. Will it be harder to get H1B petition approvals under the Trump Administration?

A10. It is likely. During the first Trump Administration, there was a sharp rise in the number of RFEs and a significant increase in the H1B denial rate. Certain issues (e.g., scrutiny of wage level 1 positions) were practically unheard of prior to the Trump Administration. Other issues, such a significant increase in scrutiny of documents submitted (or not submitted) were also prevalent.

Q11. Will H1B processing times increase?

A11. Probably. Processing times for various immigration petitions, including H1B applications, increased during Trump’s first term. We expect this trend to continue.

Q12. Will I be able to use Premium Processing for my H1B petition?

A12. During the first Trump Administration, the USCIS suspended premium processing for H1B petitions multiple times. The availability of premium processing may vary depending on the administration’s policies.

Q13. I am currently in valid H1B status and will soon be applying for an extension. Will my approved H1B make it easier to get an extension under the new administration?

A13. Under the first Trump Administration, the USCIS rescinded the longstanding policy of deferring to previous approvals when applying for extensions. The Biden Administration brought the deference policy back, but we expect that the second Trump Administration likely will end it, once again.

Q14. I am concerned that the Trump Administration may end the H-4 EAD program. Is there anything I can do to protect myself?

A14. This is certainly a valid concern. If the Trump Administration wishes to end the program, this likely will require them to go through the formal rulemaking process. This easily could take months, if not longer. Still, it may be wise to file H-4 EAD renewal applications well in advance. If the program eventually is terminated, it is that possible H-4 spouses will be allowed to continue to use their existing EADs until expiration.

Q15. I need to renew my H1B visa next year. Will the process be different under the new administration? How can I prepare?

A15. Visa processing times are expected to slow. The previous Trump Administration initially suspended the interview waiver program, and it is possible this could happen again under the new administration. Be prepared for longer wait times when scheduling a visa appointment abroad.

Q16. I am an employer with many employees who hold H1B status. Will I be required to pay my employees a higher salary once President-elect Trump takes office?

A16. There was a proposed rule to increase wage obligations for employers under the prior Trump Administration, but this was never implemented. Such a change likely would require a formal rulemaking process.

Miscellaneous

Q17. I am looking to enroll in a U.S. university as an F-1 student. Are there any likely changes coming to the F-1 program under the Trump Administration?

A17. During the first Trump Administration, there were a number of policies implemented that made life more difficult for F-1 students. For instance, foreign nationals who applied for a change of status to F-1 from within the United States were often required to file multiple applications in order to “bridge” their status through the program start date. The first Trump Administration also discussed the possibility of limiting the amount of practical training available to F-1 students, and possibly even eliminating STEM OPT extensions, altogether. Whether any of this will make a comeback during a second Trump term remains to be seen.

Q18. I am in the U.S. on humanitarian parole, which expires next year. Will I be able to reapply for parole under the new administration?

A18. Humanitarian parole programs, which currently apply to nationals of countries like Ukraine, Afghanistan, Venezuela, Cuba, Nicaragua, and Haiti, are likely at risk.

Q19. I am in the U.S. on temporary protected status (TPS). Will the new administration cancel this program?

A19. The new Administration may end TPS designation for certain countries, as it did during Trump’s prior term, although courts blocked some of these efforts for certain countries. It is unlikely that this will impact an individual who presently holds TPS, but the individual may not be able to reapply for TPS in the future.

Q20. I currently hold DACA (Deferred Action for Childhood Arrivals) status. How could I be impacted?

A20. The Trump Administration attempted to rescind DACA, initially halting the acceptance of new applications. However, federal courts blocked the termination of the program, and the U.S. Supreme Court ruled that the attempt to end DACA was unlawful. It is possible that the new administration may take action to end the program, and the Supreme Court is now more conservative than it was during Trump’s first term, so it may be more receptive to his attempts to end the program.

Q21. Will it become more difficult to obtain a B-2 visitor’s visa under the new administration?

A21. It is possible that new requirements may be introduced for individuals seeking to visit the U.S. Under the previous Trump Administration, a proposal required certain visa applicants to prove they had health care coverage, but this was blocked by the courts. Whether an individual has immigrant intent may also be scrutinized more closely.

Q22. I am an undocumented individual. Can the Trump Administration deport me on day one?

A22. No. Everyone has the right to appear before an immigration judge to defend their case. While the Trump Administration could issue a Notice to Appear in Immigration Court, they could not deport anyone immediately without going through the proper legal process.

Conclusion

The incoming Trump Administration is almost certain to bring significant changes to the U.S. immigration landscape. The Murthy Law Firm will continue to update and inform the public on any new developments that occur. Subscribe to the free MurthyBulletin to stay up to date on the latest changes to the U.S. immigration law.

 

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The post Trump Administration Frequently Asked Questions appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

Unfortunately, no, this is not generally possible. For you to use cross chargeability, you and your spouse typically must pursue your green cards using the same process. So, either you must both apply for adjustment of status, or you must both apply for consular processing. (19.Nov.2024)

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The post I want to use my spouse’s country of birth as the basis for my I-485 filing. However, she is going to be applying for consular processing. Can that be done? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

Your spouse does not need to extend her H-4 status, given that her current I-94 is valid for another year. However, we usually recommend that the H-4 spouses file a new I-539 in these circumstances so that their H-4 end date matches the expiration of the new H1B approval. This makes it easier to keep track of both H1B and H-4 expiration dates and helps to avoid the H-4 spouse inadvertently falling out of status. (19.Nov.2024)

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The post My H1B and my wife’s H-4 are both valid for another year. I am in the process of changing employers, and my new employer will be filing an H1B change-of-employer petition for me soon. Does my spouse need to file an I-539 to extend her H-4 status together with my H1B? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

When filing a marriage-based I-130 petition, the petitioner must show that there is a bona fide marital relationship. A joint bank account or other evidence of financial comingling is often good evidence. But, if that is not available, other evidence can be used. (19.Nov.2024)

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The post I am filing a marriage-based case, and was told I should open a joint bank account as proof of a valid marriage. However, my spouse does not yet have a Social Security Number, so we cannot yet open a joint bank account. Will this create a problem with the I-130 petition? appeared first on Murthy Law Firm | U.S Immigration Law.

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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