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Right Degree, Wrong Major: How to Avoid an EB2 Education RFE

Green card beneficiaries seeking EB2 status need to either hold a US master’s degree or a US bachelor’s degree followed by five years of progressive work experience, or the equivalency of one of these requirements.

What if you, or your employee or client holds a degree with a major in a field related to the EB2 job? Employers will often hire workers with degrees in related fields because there is enough skill and knowledge overlap to ensure the worker will be able to perform the duties of the job. Then, CIS will not approve the visa.

In recent years, CIS has tightened its approval standards, only approving beneficiaries with degree specializations that exactly match the job title on the PERM. If you, or your employee or client has a degree in a related field that doesn’t exactly match the EB2 job, you need to include a credential evaluation with the petition that meets equivalency requirements by specific EB2 standards.

This is where the second problem arises: for EB2, the bachelor’s degree must be a single source. That means you must, or your employee or client must either have a US bachelor’s degree in the exact field of the EB2 job, or enough years of progressive work experience to account for the entire degree equivalency. That’s twelve years of progressive work experience because a professor with the authority to grant college credit for work experience can convert three years or work experience in the field into one year of college credit.

At TheDegreePeople, we have developed several creative strategies to address degree equivalencies for EB2 to prevent the mismatched education RFE from years of working with EB2 cases and their RFEs. For a free review of your case, or your client or employee’s case, visit ccifree.com.

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Preempt an RFE: Beware of False Translations


When a candidate files a petition with USCIS, every document must be translated into English. Educational documents must be translated into English and THEN evaluated for US academic equivalency.

This causes a common problem because some degrees simply don’t have English translations. Sometimes, a translator will make an academic judgment call beyond their scope of practice, interjecting or interchanging a word. A common mistranslation is Baccalaureate, which is often translated into Bachelor’s degree. These are NOT the same. Postgraduate degree is often mistranslated into Master’s degree. This is the result of the interjection of an academic value judgment. The Russian kandidat naouk is generally evaluated to be the equivalent of a US doctorate, but it cannot be TRANSLATED into this equivalency.

Don’t get too far on your petition, or your employee or client’s petition before without an accurate account of their education. Simply go to ccifree.com and attach the academic documents and a current resume, and indicate the visa, and job or desired equivalency. Within 24 hours, we will get back to your with a pre-evaluation and full analysis of your options.

Translation and evaluation are very different, highly specialized services. A good evaluator can spot and correct when academic value gets lost in translation. Foreign credential evaluators typically have significant experience with international credentials from working in university admissions or similar work environments, or have earned graduate level degrees in international education. Because of the complex nature of international education, evaluators must have a firm grasp of education structures across the world, as well as USCIS statutes and precedent decisions, international trade agreements, and more. Evaluations must be performed on a case-by-case basis because every candidate’s path through learning – both in institutions and on-the-job – is unique. Therefore, evaluators must have the experience and insight to pass judgment with integrity.

Do not file an H1B or EB2 petition with falsely translated educational documents. Both of these visas rely heavily on academic eligibility and filing with the wrong education will result in an RFE at best, and a lot of extra work.

Before you get too far on the petition, let us provide a pre-evaluation with all of your options to help prevent or overturn an educational RFE. Simply go to ccifree.com and attach all educational documents and a current, accurate resume, and indicate the visa, and job or desired academic equivalency. We will get back to you within 24 hours with a full analysis and all of your options.

About the Author

Sheila Danzig

Sheila Danzig is the Executive Director at TheDegreePeople.com, a Foreign Credentials Evaluation Agency. For a free analysis of any difficult case, RFE, Denial, or NOID, please go to http://ccifree.com/ or call 800.771.4723.]]>

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