EB-2 & EB-3 Degree Equivalency

When pursuing permanent residency through employment, the applicant must choose to file his or her application through a particular employment based category.  The most common categories are the EB-2 and the EB-3 categories.  The EB-2 generally requires the applicant to hold a master’s degree or the equivalent and the EB-3 category requires the applicant to hold a bachelor’s degree or the equivalent.  If the Applicant’s education has been obtained abroad, it must be established that his or her foreign academic credentials are equivalent to education obtained at an accredited institution of higher learning in the United States.

The following degree equivalency determinations have been made by the AAO, USCIS, District Court and through regulations:

1.  A Bachelor of Medicine & Bachelor of Surgery (MBBS) is the foreign equivalent of a US medical degree. (2009)

2.  A three year Bachelor’s degree from India is equivalent to a US Bachelor’s degree. (2008)

3.  In some cases a three year Bachelor’s degree plus a a Master’s degree can be equivalent to a US Master’s degree.  (2007)

4.  Membership in India Institute of Chartered Accountants in not equivalent to a US degree. (2004)

5.  Multiple foreign degrees may be considered when evaluating degree equivalency. (2003)

6.  For advanced degree equivalencies,  five years of progressive experience requirement may be acquired in the US or abroad. (2003)

7.  Progressive experience is defined as post-baccalaureate experience that is demonstrated by advancing levels of responsibility and knowledge in the specialty. (2000)

3 Responses

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  1. Written by Kanwaljit Jheeta
    on September 11, 2009 at 10:55 am

    I have a 140 EB3 Appeal pending in AAO for 3 year degree from India equivalency issues. If I read you 2nd bullet point correctly then is it safe to assume that it will be approved as that was the sole reason for the USCIS denial

  2. Written by chandra
    on May 19, 2010 at 8:15 am

    Mr. Jheeta,

    I too am in the same boat. Can you kindly let me know what happened eventually?

    Thanks Chandra

  3. Written by Sarah
    on July 10, 2012 at 2:11 am

    I have a friend madly in love with a Mexican friend. He came to the US from Mexico in 1989 on a visitor’s visa. He wanted to stay in the US so he found a woman to marry him solely for the purpose to obtain a green card. After they got married they went their separate ways. He also committed himself to pay this woman $350.00 a month for this service of marriage. Isn’t this fraud and conspiracy on both parts? He has now met this friend of mine and they want to marry. My friend helped him get a divorce because they couldn’t find this woman he married. My friend is now helping him study for his US citizenship. What would be your advice for my friend? Sarah

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