Here is a Article about 140 approval rules. Is this true
Here is a Article about 140 approval rules. Is this true
2 ) Nebraska Service center Stand
NSC
I-140s
12. Interpretation of the ETA 750s minimum requirements:
Recent I-140 adjudications show conflicting and increasingly restrictive views on the wording which must be included on an ETA 750 Part A to qualify for a particular preference category. For example,
ETA 750 Part A requires Bachelor's Degree. Consistent with the regulations which recognize a professional is someone with a U.S. Bachelor's degree or its equivalent, the NSC's prior practice was to approve I-140 if the foreign national had foreign educational equivalency to a U.S. Bachelor's degree. No special words were required to indicate equivalent foreign education was acceptable in lieu of a Bachelor's degree. Please confirm this is still the NSC's policy.
NSC response: Our current policy for EB-2 and EB-3 cases is that where the labor certification requires a U.S. bachelor's degree, we accept a U.S. bachelor's degree or a single foreign degree that is the equivalent of a U.S. bachelor's degree.
13. Please confirm the language "degree or equivalent" would cover an individual who has a degree equivalent based upon coursework from various institutions, degree equivalency based upon coursework and experience, as well as degree equivalency based upon experience.
NSC response: Our current policy for EB-2 and EB-3 cases is that where the labor certification requires a U.S. bachelor's degree or its equivalent, we accept a U.S. bachelor's degree or a single foreign degree that is the equivalent of a U.S. bachelor's degree. Where the beneficiary seeks to qualify based on other combinations of education or experience, the labor certification must specifically explain the combination of education or education and experience that the employer will accept as the equivalent of the bachelor's degree.
Equivalent Education
14. In the past the NSC routinely accepted credential evaluations which found an individual had the educational equivalency of a U.S. Bachelor's degree even if the equivalent education was obtained through the completion of different educational programs at various institutions. This is consistent with HQ's view set forth in Efran Hernandez's correspondence dated January 7, 2003 which states: " … it is not the intention of the regulations that only a single foreign degree may satisfy the equivalency requirement. Provided that the proper credential evaluations service finds that the foreign degree or degrees are the equivalent of the required U.S. degree, then the requirement may be met." Despite this guidance, the NSC is denying I-140s in which a credential evaluator has found that a foreign coursework which resulted in multiple degrees are the equivalent of a U.S. Bachelor's Degree. While we do not agree with the NSC's interpretation and look forward to continuing our dialogue on this issue, we request you to state your current position so our members are able to anticipate the NSC's action.
NSC response: See response to questions 12 and 13. The Efren Hernandez letter is just a letter, not a precedent policy document. We believe our position is supported by a number of AAO decisions. Although the AAO decisions are not precedent decisions, we believe they are better researched and reasoned and comport with our interpretation of the regulations.
Here is a Article about 140 approval rules. Is this true