Educational Degrees as Requirements

The minimum educational requirements for the job offered in the PERM application are a key element of the process. The classification in the O*Net and the alien’s qualifications for the position must be in harmony. The practitioner’s focus is often educational standards and on the academic equivalency of foreign diplomas to US standards. This chapter is especially complex and must be read very carefully. A detailed outline follows to assist our readers.

The educational requirements of the job are key elements and determine eligibility of an approved PERM application to support an I-140 immigrant petition for either the 2nd or 3rd preference category. Minimum educational requirements may be quantified by combinations of skills gained through school curricula, diplomas, training, on the job experience, special skills and licenses.

EB-2 Professionals must possess an advanced degree or a bachelor’s degree and five years of progressive experience in the job. Foreign equivalencies must be analyzed with reference to USCIS and AAO decisions as well as with educational evaluations. EB-3 Professionals must possess a bachelor’s degree or foreign equivalent. The EB-3 Skilled Worker must possess at least two years of training or experience. In all PERM applications, alternate requirements must be substantially equal and must not be tailored to the alien.

The Second and Third Preference Categories are distinguished by the educational and experience requirements of the job offered. H1-B type equivalencies are not permitted to establish entry level degree qualifications. Cross-cultural and international distinctions influence equivalency determinations. The source of the degree is a primary focus, and diplomas from India are of special concern.