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The difference between an evaluation for college study, for H1B, and for I140, and why you need to know.

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posted May 17, 2017 in RFEs (H1B, I-140, PERM, Consulate) by Sheila Danzig (8,100 points)

Evaluations for college study are fairly simple.  Any skilled credential evaluator knows how to do that.  But those evaluations will often NOT work for the H1B visa, and evaluations that work for the H1B visa will often NOT work for I140.

For example, let’s take a look at the three-year degree.  Many US universities will accept an evaluation that shows the three-year degree is equivalent to a US bachelor’s degree for admission into US Master’s programs.  No problem.

However, try taking that same three-year degree to CIS for H1B eligibility and you will run into trouble in a hurry.  Regardless of what the evaluation says, the three-year bachelor’s degree will not be accepted for the H1B on its own.  However, with a different evaluation in which work experience is added to the three-year degree by a professor authorized to issue college credit for work experience, this degree equivalency is allowed for H1B eligibility because it accounts for the missing fourth year of college through work experience.

Now comes I140.  Will the same evaluation you used for H1B work for I140?  No.  CIS regulations surrounding combining education and work experience vary greatly between these visas.  Will that same evaluation used to gain entrance into a US Master’s program work for I140?  Not necessarily.  For EB3, the answer is almost always yes.  For EB2, if there is only a three-year degree, the answer is sometimes but not very often.  But if you have a two-year Master’s and some work experience for EB2, we can provide a solution that is always approved!

Confusing?  Yes.

How do you know what to do?  You don’t.  But the right evaluator does.  If you need an evaluation for CIS, be sure you use an evaluator who understands the regulations.  Otherwise, you may end up with an evaluation that is technically correct, but still results in a Denial.

At TheDegreePeople, we keep one eye on the education, and one eye on CIS.  We ask questions about the visa to make sure we provide you with the best possible match based on the visa you, or your employee or client is filing.

Come to us before you file.  We can review everything at no charge and eliminate any situations that simply won’t work.  This will save you a great deal of time, money, and peace of mind.

For a full analysis and pre-evaluation of any case, simply visit www.ccifree.com, fill out the short form, and attach all required documents.  We will get back to you in less than 24 hours at absolutely no charge with 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.


commented Apr 26, 2018 by ArgeliaThao

Man, I was looking all over for this. This is something that mypaperwriter reviews for its clients and stuff. Thanks for the share man. Nice work 

commented Aug 14, 2018 by CollinsJordan (140 points)
Nice blog,thx

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