Degree Equivalency Requirements for Form I-140

Discover all you need to know about Degree Equivalency Requirements for Form I-140 in this post! Keep reading!

If you are applying for an employment-based Green Card, you will need to submit evidence that you have the education required to perform the job being offered to you by your U.S. employer according to the educational requirements for the offered job.

Keep in mind that an employment-based Green Card involves three (3) distinct steps:

• Labor Certification (Form 9089);
• Immigrant Petition (Form I-140);
• Adjustment of Status (Form I-485);

If your priority date is current, Form I-140 and Form I-485 may be filed simultaneously.  If your priority date is not current, you must wait for it to become current before you can file Form I-485 to adjust your status to permanent resident.

You will need to submit proof of your education when your employer files Form I-140 on your behalf.  If you earned the required degree(s) inside the United States, you should submit a copy of your complete transcripts and a copy of your diploma.  If you earned the required degree(s) outside of the U.S., you will need to obtain an evaluation of your credentials.

In order to qualify for the second preference, the offered job must require an advanced degree.  You must also have earned the required advanced degree before the Labor Certification was filed.

USCIS always consults the Electronic Database for Global Education (EDGE) to determine the U.S. equivalent to a foreign degree, even though you are required to provide a credential evaluation if you have a foreign degree. 

If EDGE has determined that your foreign degree is not equivalent to an advanced degree in the U.S., you have a problem.

If EDGE does not consider your foreign degree(s) to be the equivalent of an advanced degree in the U.S., you will have to provide additional evidence to USCIS, proving that your degree is equivalent to a U.S. advanced degree. 

How can I equivalent my degree in USA?

Below is a non-exhaustive list of the types of evidence that tend to show that the person is well-positioned to advance a proposed endeavor.  According to USCIS information, this list is not meant to be a checklist or to indicate that any one type of evidence is either required or sufficient to establish equivalency.

Evidence that may demonstrate that the person is well-positioned to advance a proposed endeavor includes, but is not limited to:

• Degrees, certificates, or licenses in the field;
• Patents, trademarks, or copyrights developed by the person;
• Letters from experts in the person’s field, describing the person’s past achievements and providing specific examples of how the person is well positioned to advance the person’s endeavor;
• Published articles or media reports about the person’s achievements or current work;
• Documentation demonstrating a strong citation history of the person’s work or excerpts of published articles showing positive discourse around, or adoption of, the person’s work;
• Evidence that the person’s work has influenced the field of endeavor;
• A plan describing how the person intends to continue the proposed work in the United States;
• A detailed business plan or other description, along with any relevant supporting evidence, when appropriate;
• Correspondence from prospective or potential employers, clients, or customers;
• Documentation reflecting feasible plans for financial support (see below for a more detailed discussion of evidence related to financing for entrepreneurs);
• Evidence that the person has received investment from U.S. investors, such as venture capital firms, angel investors, or start-up accelerators, and that the amounts are appropriate to the relevant endeavor;
• Copies of contracts, agreements, or licenses showing the potential impact of the proposed endeavor;
• Letters from government agencies or quasi-governmental entities in the United States demonstrating that the person is well positioned to advance the proposed endeavor (see below for a more detailed discussion of supporting evidence from interested government agencies and quasi-governmental entities);
• Evidence that the person has received awards or grants or other indications of relevant non-monetary support (for example, using facilities free of charge) from federal, state, or local government entities with expertise in economic development, research and development, or job creation;

Evidence demonstrating how the person’s work is being used by others, such as, but not limited to:

• Contracts with companies using products that the person developed or assisted in developing;
• Documents showing technology that the person invented, or contributed to inventing, and how others use that technology; and
• Patents or licenses for innovations the person developed with documentation showing why the patent or license is significant to the field.

In each case, officers must consider the totality of circumstances to determine whether the preponderance of the evidence establishes that the person is well-positioned to advance the proposed endeavor.

You could also provide information about the educational system in your country generally and the acceptance of degrees earned in your country around the world.

If you cannot provide enough evidence to convince USCIS of your qualifications, you may have to apply for a Green Card in the third preference.

The employment-based third preference includes professionals with at least a Bachelor’s degree and skilled workers performing jobs that require at least two (2) years of training or experience.

For professionals in the third preference, the offered job must require a Bachelor’s degree and you must actually possess a Bachelor’s degree (or its foreign equivalent).  If your degree was earned outside the U.S., you will need to provide a credential evaluation when your employer files Form I-140.

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Related Link: USCIS