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Many colleges and universities outside the United States have three year bachelor’s degree programs, particularly those in the U.K. and the British Commonwealth. The principal difference between a three year and for year bachelor’s program is one year of general education, or “breadth” courses.
1. When the Immigration and Nationality Act, and the implementing regulations refer to a “bachelor’s degree” they mean a United States bachelor’s degree or its foreign equivalent.
2. A U.S. bachelor’s degree results from a four year program of study.
3.
Since the statute and regulations
refer to “degree” in the singular, an applicant generally may not qualify on
the basis of a combination of programs of study.
For USCIS purposes, a three year
bachelor’s degree cannot ever qualify as a “bachelor’s degree” for U.S.
immigration purposes – at least on the basis of educational credentials
alone.
It is possible to combine three years of full time work
experience in the applicant’s field of specialization with a three year
bachelor’s degree to obtain a “bachelor’s degree equivalent.” A “bachelor’s
degree equivalent” is not the same thing, however, as a “foreign equivalent
of a U.S. bachelor’s degree.” In the first instance, the combination of the
three years of education and three years of relevant work experience combine
to form the equivalent of a bachelor’s degree. In the second, a four year
foreign degree, standing alone, is the equivalent of a U.S. bachelor’s
degree.
We will discuss the requirements for foreign degree
equivalency in another article. For purposes of this article, however, know
that a three year bachelor’s degree – standing alone – is not the foreign
degree equivalent of a U.S. bachelor’s degree.
This is significant in that it means that a person with
a three year bachelor’s degree may not qualify for employment based second
preference classification on the basis of that degree and five years of
experience. If the same person has the foreign equivalent of a U.S. master’s
degree, then he or she can qualify for EB2 classification even if the
underlying bachelor’s degree is a three year program.