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Beneficiary’s Qualifications

 

Once you have shown the position is a specialty occupation, it’s time to show that the Beneficiary qualifies for the position.

In order to do so the Beneficiary must meet one of the following criteria:

  • Have completed a U.S. bachelor’s or higher degree required by the specific specialty occupation from an accredited college or university

This criterion is straightforward—it is met if the Beneficiary has a relevant U.S. bachelor’s degree or higher in a specific specialty. The field must be specific (good ex: Computer Science; bad ex: Business).

  • Hold a foreign degree that is the equivalent to a U.S. bachelor’s or higher degree in the specialty occupation

 This criterion is met if the Beneficiary’s foreign education is equal to a U.S. bachelor’s degree in a specific specialty. The field must be specific (good ex: Computer Science; bad ex: Business Administration) and the evaluation must be based on only the Beneficiary’s education, not experience.

  • Hold an unrestricted state license, registration, or certification which authorizes you to fully practice the specialty occupation and be engaged in that specialty in the state of intended employment

This criterion is straightforward—it is met if the Beneficiary’s position requires a license and the Beneficiary possesses such a license.

  • Have education, training, or progressively responsible experience in the specialty that is equivalent to the completion of such a degree, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.**

This criterion used to be much easier to meet because USCIS was not concerned with the “progressively responsible” part of the experience qualification. Any experience letter confirming the necessary years of experience was sufficient.

Now, it’s necessary to show the Beneficiary’s experience was progressively responsible (ex: the Beneficiary started working as a Junior Programmer and moved up to Senior Developer). This requires close analysis of the Beneficiary’s prior positions and one or more experience letters.

How much experience the Beneficiary needs to show depends on the Beneficiary’s degree. If it’s an unrelated 3 or 4 year degree, 6 years of experience may be required. If the Beneficiary has a related 3 year foreign degree, the experience requirement is likely to be 3 years.

YLF’s evaluations always come from a college professor that is an expert in the field.

 
Eren Yildirim