Case Study: EB-2 Education RFE – Overturned!

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If you or your employee or client is applying for an EB-2 green card, their situation must meet two requirements:

1. They must have been hired for a job that requires a US master’s degree or higher, or a US bachelor’s degree or its equivalent FOLLOWED BY at least five years of progressive work experience in the field.

2. They must have the education required for the EB-2 qualified job or exceptional ability as clearly proven with a National Interest Waiver.

One of the most common RFEs EB-2 candidates run into is an education issue RFE. Our client came to us with an Indian three-year bachelor’s degree, many years of progressive work experience, and an RFE. He had the years of experience to more than cover the five years of progressive work experience following having earned the bachelor’s degree. The issue arose because with EB-2 educational requirements the bachelor’s degree is required to be a SINGLE SOURCE and CIS does not accept that the Indian three-year degree is the equivalent of the US four-year bachelor’s degree regardless of the number of classroom contact hours. CIS requires the missing fourth year to be accounted for.

With other visas, like H-1B, our client could have included a work experience conversion that converts three years of progressive work experience in a given field of specialization into one year of college education towards that degree to account for the missing year. This does not work for EB-2 because that would not meet the equivalency requirement of a single source bachelor’s degree.

Our solution was to write a credential evaluation fortified by CIS approval precedents and federal case law that took twelve years of our client’s progressive work experience in the field and converted it into the equivalent of a US bachelor’s degree in the field. Then, the next five years of work experience were included to meet EB-2 educational standards requiring a single source US bachelor’s degree FOLLOWED BY five years of work experience in the field. The RFE was overturned.

If you or your employee or client is facing an education RFE for EB-2, let us help you. Even the candidate doesn’t have the years to cover a complete work experience conversion, there are other ways to address the equivalency issue through detailed credential evaluations tailored to your or your employee or client’s unique situation, and through expert opinion letters and National Interest Waiver options. Let us review your case for free. Visit ccifree.com/?CodeLWA/. We will respond in 48 hours or less.


About The Author

Sheila Danzig is an experienced foreign credential evaluator whose focus on dynamic response to USCIS trends has put her at the cutting edge of evaluation today. As Executive Director of Career Consulting International (CCI), Florida, since 2002, she has worked closely with immigration attorneys to assist with highly demanding credential-related matters, including Referrals for Evidence, Denials and Administrative Appeals Office proceedings. CCI has become known for its expert advocacy in many thousands of immigration cases, evolving new techniques and strategies to respond to the constantly-changing interpretations of USCIS and drawing on its own specialist research into international credentials and their equivalencies. Dr Danzig was educated at Hunter College, NY (BA), the Institute of Transpersonal Psychology (MA) and the Universidad Empresarial de Costa Rica (EdD). At TheDegreePeople we have experts on hand to write opinion letters that cover both wage level and specialty occupation issues in the same document. We also have experienced credential evaluators at your service who work regularly with difficult RFEs and their solutions. Every year, it is essential to cover all your bases before you file. This year, it is critical. Let us review your case, or your employee or client’s case for free to make sure any potential approval issues are fully anticipated and addressed in the initial petition. Visit ccifree.com/?CodeLWA/ and we will get back to you in 48 hours or less.