http://www.visalaw.com/03jul3/7jul303.html
For EB-2 classification, an alien needs an advanced degree or its equivalent, and the regulations state at 8 CFR 204.5(k)(2) that the equivalent is a bachelor's degree "or a foreign equivalent degree" followed by at least five years of progressive experience. Attorneys have noticed that the Vermont Service Center is interpreting this as the foreign equivalent must be a single degree because the singular form of the word is used. Therefore, a three-year bachelor's degree, as is common in India, followed by post-graduate studies leading to a diploma from a recognized institution cannot be the foreign equivalent of a bachelor's degree because it is not a single degree, but a combination of two degrees.
According to correspondence with Efren Hernandez III, Director of the Business and Trade Services at the BCIS, the completion of a three-year foreign university course of study resulting in a bachelor's degree followed by the completion of a PONSI-recognized post-graduate diploma program may be deemed the equivalent of a four-year U.S. bachelor's degree. That equivalent U.S. bachelor's degree combined with five years of progressive experience in the specialty may be deemed an advance degree satisfying the requirements of INA § 203(b)(2)(A) and 8 CFR § 204.5(k)(2).
However, the AAO previously stated that it would give no effect to Hernandez's letters, despite the fact that this is the policy-making department of the BCIS.
For EB-2 classification, an alien needs an advanced degree or its equivalent, and the regulations state at 8 CFR 204.5(k)(2) that the equivalent is a bachelor's degree "or a foreign equivalent degree" followed by at least five years of progressive experience. Attorneys have noticed that the Vermont Service Center is interpreting this as the foreign equivalent must be a single degree because the singular form of the word is used. Therefore, a three-year bachelor's degree, as is common in India, followed by post-graduate studies leading to a diploma from a recognized institution cannot be the foreign equivalent of a bachelor's degree because it is not a single degree, but a combination of two degrees.
According to correspondence with Efren Hernandez III, Director of the Business and Trade Services at the BCIS, the completion of a three-year foreign university course of study resulting in a bachelor's degree followed by the completion of a PONSI-recognized post-graduate diploma program may be deemed the equivalent of a four-year U.S. bachelor's degree. That equivalent U.S. bachelor's degree combined with five years of progressive experience in the specialty may be deemed an advance degree satisfying the requirements of INA § 203(b)(2)(A) and 8 CFR § 204.5(k)(2).
However, the AAO previously stated that it would give no effect to Hernandez's letters, despite the fact that this is the policy-making department of the BCIS.