Foreign degree equivalency evaluations
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In
another article,
we explained why the USCIS does not consider a three year bachelor’s degree
to be the equivalent of a U.S. bachelor’s degree. In this article, we will
examine how relevant experience can be evaluated as the equivalent of a
degree. For purposes of paragraph (h)(4)(iii)(C)(4) of this
section, equivalence to completion of a United States baccalaureate or
higher degree shall mean achievement of a level of knowledge, competence,
and practice in the specialty occupation that has been determined to be
equal to that of an individual who has a baccalaureate or higher degree in
the specialty and shall be determined by one or more of the following:
The governing regulatory authority for determining
equivalence of relevant work experience to university coursework is found at
8 CFR 214.2(h)(4)(iii)(D), which
provides in relevant part:
(D) Equivalence to completion of a college degree.
8 CFR 214.2(h)(4)(iii)(C)(4):
This provision deals with an evaluation by a college or
university official. It is important to understand that unless the evaluator
meets all of the stated criteria, the evaluation is not admissible as
evidence.
(1) 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;
Please note that 214.2(h)(4)(iii)(D)(1) provides for:
1. An evaluation
2. From an official
3. Who has authority to grant college level credit for
training and/or experience
4. At an accredited college or university
5. Which has a program for granting such credit based on
an individual’s training and/or work experience.
In addition to an evaluation by a qualified college or
university evaluator, there are four other ways to determine educational
equivalency. The next is found at 8 CFR
214.2(h)(4)(iii)(D)(2) That provision permits a petitioner to submit:
“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);”This provision allows the foreign national to take either of two examinations and, based upon the examination results, claim educational equivalency.
Another provision (214.2(h)(4)(iii)(D)(3) ) allows for an evaluation of the foreign national’s education credentials and, on the basis of those credentials alone, make a determination of equivalency. In this instance, the evaluator may only evaluate the coursework and may not consider relevant experience.
“An evaluation of education by a reliable credentials evaluation service which specializes in evaluating foreign educational credentials;”A fourth way to determine equivalency is through recognition of professional competence. There are nationally-recognized organizations that review an individual’s competence before granting registration or certification. When this happens, Section 214.2(h)(4)(iii)(D)(4) provides for:
“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;”Finally, section 214.2(h)(4)(iii)(D)(5) permits petitioner’s to submit proof of education and experience directly to the CIS to allow an adjudicator to determine equivalency:
“A determination by the 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 alien has achieved recognition of expertise in the specialty occupation as a result of such training and experience.The regulation goes on to provide that:
“For purposes of determining equivalency to a baccalaureate degree in the specialty, three years of specialized training and/or work experience must be demonstrated for each year of college-level training the alien lacks.”The regulation at this point specifies the requirements for “advanced degree” equivalency:
“For equivalence to an advanced (or Masters) degree, the alien must have a baccalaureate degree followed by at least five years of experience in the specialty. If required by a specialty, the alien must hold a Doctorate degree or its foreign equivalent.Finally, the regulation describes the criteria and evidentiary standard required to established equivalency:
“It must be clearly demonstrated that the alien's training and/or work experience included the theoretical and practical application of specialized knowledge required by the specialty occupation; that the alien's experience was gained while working with peers, supervisors, or subordinates who have a degree or its equivalent in the specialty occupation; and that the alien has recognition of expertise in the specialty evidenced by at least one type of documentation such as:In summary, Section 214.2(h)(4)(iii)(D) provide four different ways to establish work experience as the equivalent of required education. It also provides for the evaluation of a foreign degree as being the equivalent of a U.S. degree.
(i) Recognition of expertise in the specialty occupation by at least two recognized authorities in the same specialty occupation;
(ii) Membership in a recognized foreign or United States association or society in the specialty occupation;
(iii) Published material by or about the alien in professional publications, trade journals, books, or major newspapers;
(iv) Licensure or registration to practice the specialty occupation in a foreign country; or
(v) Achievements which a recognized authority has determined to be significant contributions to the field of the specialty occupation.”
