Chapter 9 - Evaluation of Education Credentials

us-uscis-policy-manual-volume-6-part-e-chapter-9Chapter 9 - Evaluation of Education CredentialsGuidance

In cases involving foreign degrees, officers may favorably consider a credentials evaluation performed by an independent credentials evaluator who has provided a credible, logical, and well-documented case for such an equivalency determination that is based solely on the alien’s foreign degree(s).[1]

In addition, officers may accept a comparable evaluation performed by a school official who has the authority to make such determinations and is acting in his or her official capacity with the educational institution.[2]

Officers should consider the opinions rendered by an education credential evaluator in conjunction with a review of the beneficiary’s relevant education credentials and other available credible resource material regarding the equivalency of the education credentials to college degrees obtained in the United States. Opinions rendered that are merely conclusory and do not provide a credible roadmap that clearly lays out the basis for the opinions are not persuasive.

Any educational equivalency evaluation performed by a credentials evaluator or school official is solely advisory in nature; the final determination continues to rest with the officer.[3]

Footnotes


[^ 1] For information on the specific educational requirements for professional and advanced degree professionals, see Part F, Employment-Based Classifications, Chapter 5, Advanced Degree or Exceptional Ability [6 USCIS-PM F.5], Chapter 6, Physician [6 USCIS-PM F.6], and Chapter 7, Skilled Worker, Professional, or Other Worker [6 USCIS-PM F.7].

[^ 2] For the advanced degree and professional classifications, the beneficiary’s educational credentials must be equivalent to a U.S. degree. See 8 CFR 204.5(k)(2) and 8 CFR 204.5(l)(2).

[^ 3] See Matter of Caron International (PDF), 19 I&N Dec. 791 (Comm. 1988). See Matter of Sea, Inc. (PDF), 19 I&N Dec. 817 (Comm. 1988). See Matter of Ho (PDF), 19 I&N Dec. 582 (BIA 1988).

Resources

Legal Authorities

20 CFR 656 - Labor Certification Process for Permanent Employment of Aliens in the United States

8 CFR 204.5(a)-(l), (n) - Petitions for employment-based immigrants

8 CFR 204.5 - Petitions for employment-based immigrants

INA 201 - Worldwide level of immigration

INA 202 - Numerical limitations on individual foreign states

INA 203 - Allocation of immigrant visas

INA 203(b)(1), (2), (3) - Preference allocation for employment-based immigrants

INA 203(b)(2) - Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability

INA 203(b)(3) - Skilled workers, professionals, and other workers

INA 204, 8 CFR 204 - Procedure for granting immigrant status

Appendices

No appendices available at this time.

Updates

Technical Update - Replacing the Term "Noncitizen"

This technical update replaces all instances of the term “noncitizen” with “alien” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”], and makes other technical and conforming changes.

Technical Update - Incorporating Existing Guidance into the Policy Manual

This technical update is part of an initiative to move existing policy guidance from the Adjudicator’s Field Manual (AFM) into the Policy Manual. This update does not make major substantive changes but consolidates and incorporates existing AFM guidance into the Policy Manual, streamlining USCIS’ immigration policy while removing obsolete information. This guidance replaces Chapters 22.1 and 22.2 of the AFM, related appendices, and policy memoranda.

Technical Update - Replacing the Term “Alien”

This technical update replaces all instances of the term “alien” with “noncitizen” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

Technical Update - Moving the Adjudicator’s Field Manual Content into the USCIS Policy Manual

U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk between the AFM and the Policy Manual.

Technical Update - Replacing the Term “Foreign National”

This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].

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