Experience in lieu of education

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The USCIS regulations at 8 CFR 214.2(h)(4)(iii)(d) provide for the substitution of directly relevant "specialty experience" in place of required education. Of particular relevance are subparagraphs (d)(1) through (5) of the regulation:

(D) Equivalence to completion of a college 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:

 

(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;

(2) 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);

(3) An evaluation of education by a reliable credentials evaluation service which specializes in evaluating foreign educational credentials;

(4) 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;

(5) 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. 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. 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. 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:

(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.

Note that this provision has some very specific requirements. For all practical purposes, there are really only two ways to establish experience as the equivalent of education. These are the two options found in subparagraphs (1) and (5), above. Subparagraph (1) requires:

1. An evaluation;
2. 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;
3. which has a program for granting such credit based on an individual's training
   and/or work experience

In the alternative, subparagraph (5) allows one to go directly to USCIS without the type of evaluation described in subparagraph (1), but requires a clear showing "That the training and/or work experience included the theoretical and practical application of specialized knowledge required by the specialty occupation and that the alien has achieved recognition of expertise in the specialty occupation as a result of such training and experience." The regulation then sets forth four required elements of proof:

1. That the alien's training and/or work experience included the theoretical and practical application
   of specialized knowledge required by the specialty occupation;
2. 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:

The regulation then lists the five types of evidence listed in (D)(5)(i) through (v). This list is illustrative, not exhaustive. You may substitute similar evidence, as long as it is relevant. The important things to remember are:

1. Ordinary educational credentials evaluation services cannot be used to establish that specific experience is the equivalent of required education, you must use highly specialized experts for this; and,
2. Do not expect the USCIS to simply agree that three years of experience equal one year of missing required education - you must include at least one of the five types of evidence specified.