So you have a bachelor's degree: What is a Credential Evaluation and Why is it Required to Obtain an H-1B Visa?
As we all know the H-1B visa is one of the most sought-after temporary non-immigrant visas. It allows foreign nationals in “specialty occupations” to enter the U.S. to work in a variety of fields, including accounting, architecture, engineering, modeling, and medicine and health. The H-1B visa offers a wide range of employment possibilities. One of the greatest advantages of an H-1B visa is that it supports dual intent, which means you can apply for Green Card after spending considerable amount of time in the U.S. on H-1B.
To qualify for the H-1B visa foreign nationals must have the a U.S. Bachelor’s Degree or its equivalent in their specialty and in fields that require licensing, such as teaching or pharmacy, a full unrestricted license to practice in the U.S. You must also have a U.S. employer to sponsor you, you cannot be self-employed or self-petition.
Thus, if you wish to come to the U.S. on an H-1B specialty occupation visa, and all your degrees are foreign degrees, you will need your educational credentials evaluated and submit that evaluation with the H-1B petition. But what is a Credential Evaluation? Is it mandatory? Why is it required for an H-1B visa? This article will answer these important questions.
But I Don’t Have a U.S. Bachelor’s Degree, I Have a Foreign Degree:
U.S. immigration law states that a specialty occupation must require a bachelor’s degree as the minimum for entry into the occupation, and that the applicant has a bachelor’s degree that is related to the occupation. However, the regulations allow for the applicant to have the equivalent of a U.S. bachelor’s degree.
A 4-year bachelor’s degree from an accredited or recognized foreign university or college will generally be considered equivalent to a U.S. bachelor’s degree. If you have less than a 4 year degree you can combine the years of your degree/diploma with years of study completed on a post-baccalaureate diploma, master’s degree or other studies. The regulations also allow you to combine progressive work experience in the field with university study, or in some cases use work experience only, to meet the equivalency requirement. The regulations specifically state that for H-1B purposes three (3) years of progressive work experience in the field will be considered the equivalent of one year of U.S. university study.
In many cases, unless your education was completed in the U.S., a Credential Evaluation showing an equivalency to a U.S. bachelor’s degree is required for an H-1B visa. If you are seeking a credential evaluation for H-1B visa purposes the USCIS only requires that the report include an equivalency statement of the diplomas/degrees along with brief information on the institution where the studies were completed.
What is a Credential Evaluation?
Credential evaluation is the procedure that seeks to convert the records of education completed in one country into its U.S. equivalency. If you have completed education in a country other than the U.S. and wish to have your qualifications understood and accepted in the U.S., or by U.S. or other international employers worldwide, you must have those educational credentials evaluated. A credential evaluation is typically an evaluation only of the educational credentials of the foreign national. It will not comment on or evaluate a foreign national’s work experience or other training, unless the individual seeking the evaluation is taking advantage of the 3 for 1 (three years of work experience for one year of education) rule.
What does a Credential Evaluation Contain?
An evaluation contains a description of the education credentials presented, including its name, the year it was awarded, the name of the institution attended, and your major field of study, together with the opinion of the evaluator as to whether the foreign degree/education is the equivalent of a U.S. bachelor’s degree.
Why is Credential Evaluation Required for H-1B Visa?
Because an H-1B visa requires that the applicant have a bachelor’s degree for entry into the field, if you are a foreign national with a degree from a foreign country, and you intend to come to the U.S. on an H-1B visa, you need to get a credential evaluation done for those foreign degree(s) determine whether or not your foreign degree is “equivalent” to a particular U.S. degree.
Ways of Seeking Credential Evaluation:
The regulations regarding the education credential evaluation process provide several routes that a beneficiary can use in seeking an equivalency determination. The equivalency to a United States baccalaureate or advanced degree can be determined by one or more of the following:
1. An assessment from an officer who has the power to grant college-level credit for training and/or experience in the specialty at a recognized college or university which has a program for granting such credit based on an individual's training and/or work experience;
2. The recognized college-level equivalency examination results or special credit programs, such as the Program on Non collegiate Sponsored Instruction (PONSI); or College Level Examination Program (CLEP);
3. An assessment of education by a trustworthy credentials assessment service that specializes in assessing foreign educational credentials;
4. Proof of certification or registration from a nationally accredited professional association or society for the specialty that is well-known to grant certification or registration to people in the occupational specialty that have attained a certain level of proficiency in the specialty;
5. A determination by the USCIS that the degree required by the specialty occupation is equivalent and has been acquired through a combination of education, focused training, and/or work experience in areas related to the specialty and that the foreign national has achieved recognition of proficiency in the specialty occupation as a result of such experience and training.
Conclusion:
While a credential evaluation is not a set requirement it is highly suggested that one be obtained to clearly establish that a foreign national’s degree is the equivalent of a U.S. degree. A credential evaluation is recommended even if the foreign university is a renowned one. A foreign national can obtain an equivalency evaluation even when the individual does not have a degree. This would occur when the foreign national establishes that a combination of his work experience and education is equivalent to a degree. USCIS will only accept an evaluation of education by a trustworthy credential evaluation service, which specializes in evaluating foreign educational credentials.
Source:VisaPro