Return to main "H1B Issues" page
The immigration regulations provide that a person applying for a classification that requires a college degree, but who does not have one, may nonetheless establish that he or she has the equivalent of the required degree through a combination of education and/or experience. The applicable regulations are found at 8 CFR 214.2(h)(4)(iii)(D):
(C) Beneficiary qualifications. To qualify to perform services in a specialty occupation, the alien must meet one of the following criteria:
(1) Hold a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;
(2) Hold a foreign degree determined to be equivalent to a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;
(3) Hold an unrestricted state license, registration or certification which authorizes him or her to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment; or
(4) Have education, specialized training, and/or progressively responsible experience that is equivalent to completion of a United States baccalaureate or higher degree in the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.
(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.