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Advanced Degree Cap
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manwithnoname
Registered Users (C)
No.
laborvisalaw
Registered Users (C)
Your attorney is correct, the USCIS regulations require that the employee has a Master's degree, and not that the employer require such degree as part of the job offer, in order to qualify for the advanced degree cap.
Note that such degree must be by a U.S. Institution. The rationale behind the additional advanced degree cap was to stop foreigners who have received advanced degrees in the U.S. from being shut out of the U.S. labor market and having to take their U.S.-obtained skill and knowledge abroad.
Note that such degree must be by a U.S. Institution. The rationale behind the additional advanced degree cap was to stop foreigners who have received advanced degrees in the U.S. from being shut out of the U.S. labor market and having to take their U.S.-obtained skill and knowledge abroad.
manwithnoname
Registered Users (C)
But my attorney says it will be all right. He believes the fact that I do have a Masters degree will suffice. Do you have any references that I can use to convince him?
If you have a Masters degree from an U.S. institution then yes, your application can be catagorized in Masters quota.
asulikeit49
Registered Users (C)
Will Advanced Training be equivalent to masters
Hi.
Posting this under this thread because it is relevant.
I have an advanced training in Dentistry from a US institution. This is after BDS from India and the total duration of this training is 3 years. The certificate I have recieved says- "Advanced Education in Pediatric Dentistry". Will this be equivalent to Advanced degree, and will I be able to apply through that quota???
Please help
Hi.
Posting this under this thread because it is relevant.
I have an advanced training in Dentistry from a US institution. This is after BDS from India and the total duration of this training is 3 years. The certificate I have recieved says- "Advanced Education in Pediatric Dentistry". Will this be equivalent to Advanced degree, and will I be able to apply through that quota???
Please help
laborvisalaw
Registered Users (C)
asulikeit49-
USCIS has provided some guidance on this topic. In a May 2, 2006, memo, the USCIS says that in determining whether a U.S.-issued degree is a master’s degree, it should be considered more than the simple title of the degree. The fact that a degree is or is not titled as a masters degree is not by itself dispositive. Instead, the test is whether the degree is one for which a bachelors degree in any field is required in order to obtain the “masters” degree. This ensures that the “masters” degree is a degree that is at least one level higher than a bachelor’s degree, which is the essential component of a “masters or higher” degree.
In my view, you have two challenges. First, you have to show that your U.S. institution qualifies as a higher education institution. More on this here.
The second challenge for you to show is that the "Advanced Education in Pediatric Dentistry" degree actually requires (and is based on) a bachelor's degree. I am not personally familiar with this type of a degree and cannot comment on whether it is or it is not.
Hope that helps and best of luck-
USCIS has provided some guidance on this topic. In a May 2, 2006, memo, the USCIS says that in determining whether a U.S.-issued degree is a master’s degree, it should be considered more than the simple title of the degree. The fact that a degree is or is not titled as a masters degree is not by itself dispositive. Instead, the test is whether the degree is one for which a bachelors degree in any field is required in order to obtain the “masters” degree. This ensures that the “masters” degree is a degree that is at least one level higher than a bachelor’s degree, which is the essential component of a “masters or higher” degree.
In my view, you have two challenges. First, you have to show that your U.S. institution qualifies as a higher education institution. More on this here.
The second challenge for you to show is that the "Advanced Education in Pediatric Dentistry" degree actually requires (and is based on) a bachelor's degree. I am not personally familiar with this type of a degree and cannot comment on whether it is or it is not.
Hope that helps and best of luck-