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Dinsmore immigration attorneys leverage more than 130 years of cumulative experience to craft strategies and solutions to meet unique immigration needs. We anticipate the areas where the U.S. government may challenge a case, reverse engineer the case to lower the risk of denial, and increase the odds of approval. 

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Equivalence To A U.S. University Or College Degree For H-1B Classification

Equivalence to completion of a U.S. Bachelor's (or higher) Degree is important for H-1B Visa classification. Bachelor's Degree equivalence means achievement of a level of knowledge, competence, and practice in a specialty occupation that has been determined to be equal to that of an individual who has a Bachelor's or higher Degree in the specialty, and must include one or more of the following:

  • An evaluation from an official who has authority to grant college-level credit for training and/or experience in the specialty at an accredited college or university which has a program for granting such credit based on an individual's training and/or work experience;
  • The results of recognized college-level equivalency examinations or special credit programs, such as the College Level Examination Program (CLEP), or Program on Noncollegiate Sponsored Instruction (PONSI);
  • An evaluation of education by a reliable credentials evaluation service which specializes in evaluating foreign educational credentials;
  • Evidence of certification or registration from a nationally-recognized professional association or society for the specialty that is known to grant certification or registration to persons in the occupational specialty who have achieved a certain level of competence in the specialty; or
  • A determination by the Immigration Service that the equivalent of the degree required by the specialty occupation has been acquired through a combination of education, specialized training, and/or work experience in areas related to the specialty and that the foreign national has achieved recognition of expertise in the Specialty Occupation as a result of such training and experience. For purposes of determining equivalency to a Bachelor's Degree in the Specialty, three years of specialized training and/or work experience must be demonstrated for each year of college-level training the foreign national lacks.
It must be clearly demonstrated that:

  • The foreign national's training and/or work experience included theoretical and practical application of specialized knowledge required by the specialty occupation; and
  • The foreign national's experience was gained while working with peers, supervisors, or subordinates who have a degree or its equivalent in the specialty occupation; and
  • The foreign national has recognition of expertise in the specialty evidenced by at least one type of documentation, such as:

    • Recognition of expertise in the specialty occupation by at least two recognized authorities in the same specialty occupation;
    • Membership in a recognized foreign or U.S. association or society in the specialty occupation.
    • Published material by or about the foreign national in professional publications, trade journals, books, or major newspapers;
    • Licensure or Registration to practice the Specialty Occupation in a foreign country; or
    • Achievements which a recognized authority has determined to be significant contributions to the field of the specialty occupation.
 

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