Tag Archives: h-1b

H1B Visa Bachelors Degree Equivalency

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The H1B visa is for those who want to come to the U.S. to work in various occupations including accounting, engineering, architecture, law, medicine, accounting, computing, teaching, social work and other areas. Those who apply for the visa must hold a bachelor’s degree or the equivalent and their educational credentials must be evaluated if you have a foreign degree. As an immigration attorney, I often get questions from applicants concerning why credentials must be checked, credential evaluation and who verifies credentials.

Why are Credentials Evaluated?

It’s a requirement that those entering the U.S. under a H1B visa posses a bachelor’s degree or the equivalent. This must be verified to ensure that you meet the minimum requirements if you have a foreign degree or do not have a bachelor’s degree.

Who Evaluates Credentials?

The USCIS will review your credentials and determine if your education or experience meets the minimum requirements. The requirement may be made solely through an educational degree but it may also include special training and also experience in the field.

If you have a foreign degree or do not have a bachelor’s degree you must demonstrate that your education or experience is equivalent to a US bachelor’s degree. Demonstrating the verity of your credentials include the successful completion of a college-level equivalency test (such as CLEP); or an assessment of credentials by a recognized service specializing in the evaluation of the educational credits from foreign countries.


Guest Post Author

Kaushik Ranchod
Sacramento Immigration Attorney 

H1B Visa News May 2010

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As an addition update for the Fy2011 H1B visa season that commenced April 1, 2010 we have had little change in the overall H1B visa quota numbers.

So as of May 14, 2010, which is the most recent h1b quota update the USCIS has announced. There are currently 19,000 petitions to count towards the general 65,000 H1B visa cap which only includes petitions that are approved or pending.
Anything that has already been denied is not included.

Additionally 8,100 petitions have been received for the US Advanced Degree exemption quota portion of 20,000. It should be noted that if the advanced degree quota fills up, then those petitions go into the pool for the regular 65,000 cap.

(It should be noted that the related H-1B1 visa for Chilean and Singaporean citizens are not included in this cap)

So it would seem that there is plenty of visas still available and judging by the moderate amount of applications received thus far, traditional H1B visa sponsor companies are still nowhere the levels of hiring they were in 2006-8,

Additionally this quota has not grown much since our H1B Visa April 2010 update and so our prediction of the autoa nearing exhaustion by the end of May 2010 is way off. In fact in about 40 days, the quota has only grown by about 6,000 for the main cap and about 2,500 for the advance degree exemption.

Certainly it would seem that the overall unchanged rate in the unemployment rate at the levels of close to 10% in the US overall is still having a large effect of the hiring of foreign talent.

As an additional note from the USCIS regarding Form I-907 which is used to request premium processing; (although this H1B visa season like last year, it may not really be as necessary with the H1B visa quota filling up so slowly)

H-1B petitions are eligible for the Premium Processing Service.  Petitioners may choose to file a Request for Premium Processing Service (Form I-907) to have their petition adjudicated within 15 calendar days. To request premium processing submit

  • the Form I-907 and
  • the filing fee of $1,000 (this fee is in addition to the required base filing and other applicable fees and cannot be waived).

You can file the Form I-907 and corresponding fee

  • at the same time as Form I-129 or
  • at any time after you file Form I-129 while it is still pending.

If filed after the Form I-129, be sure to include the receipt number (e.g., EAC 10 123 51234) of the Form I-129 in the pertinent section of Form I-907.

  • Complete all sections of the form accurately with original signatures.  We will accept the 08/28/06, 04/02/07, 07/30/07, and the 8/10/09 editions of Form I-907 through April 30, 2010. After April 30, 2010, we will only accept the 08/10/09 edition of Form I-907.
  • The representative should sign in both Parts 3 and 4 of the Form I-907 if there is a valid Form G-28 with the filing.  Otherwise, the petitioner’s signature is required.  Preferably, the signature(s) should be in blue ink.
  • Include a copy of the Form I-129 receipt notice along with the Form I-907 when Form I-907 is filed after the filing of Form I-129.

Also again it is good to note the change of address for sending applications here and for the official USCIS link about FY2011 H1B visa season, click here.

CJ