INS Rules on Equivalence to a Degree for H-1B Visa

INS rules that a degree is not essential in every case, and that a degree can be establish through a number of different means.

  1. The alien has three years of specialized training or work experience for each year of college-level education that the alien lacks towards the bachelor's or higher degree required for that field.

  2. The training and work experience must have been at a specialty -occupation level.

  3. The experience must be gained while working with other persons in the specialty occupation ( co-workers, supervisors, subordinates ).

  4. The alien has professional standing, as evidenced by one of the following:

    • Evaluations by at least two recognized authorities in the field.

    • Evaluations by one recognized authority concluding that the alien has professional achievements that are significant contributions to the specialty occupation.

    • Membership in a recognized foreign or U.S. association or society in the specialty occupation.

    • Published material by or about the alien in professional publications, books, or major newspapers.

    • Licensure or registration to practice the specialty occupation in foreign country.

The key element of this alternative, which is likely to be the one available in most cases, are "three-for-one plus professional standing," which in turn will often mean "three-for-one plus two evaluations." 

For further information, send your Query to Aparna Davé.