Professionals: Proving Degree Equivalency for H-1B Classification

U.S. Citizenship and Immigration Service (USCIS) regulations allow the substitution of work experience for the attainment of a degree. Proving that work experience is equivalent to a bachelor’s degree is very complex.

The USCIS general rule provides that three years of progressively more specialized training and/or work experience is equivalent to one year of college-level training an individual lacks. Any combination of college-level academic studies and experience may be utilized in this calculation.

Guidelines for Degree Equivalency with Work Experience Letters

Letters from previous employers are critical in demonstrating past work experience is equivalent to the attainment of a degree. Previous employer letters should show that the prior work experience involved specialized knowledge/skills, independent responsibility, discretionary decision-making authority, working with other professionals, supervising other professionals and high-level reporting.

The information communicated in the letter must clearly state the individual’s name, dates of employment, whether the employment was full or part-time, job title(s) and job location(s). The letter must be on the letterhead of the previous employer. If the former employer is no longer in existence, a letter from a manager or senior company representative may be provided as a substitute.

The letters should clearly articulate the following information:

1. Identify the writer’s position with the employer, how the writer knows of the individual and how the writer is familiar with the individual’s work
2. Provide an in-depth job description of the individual’s duties for each position held including the dates of any promotions. Any changes in job duties should show that such changes are progressively more responsible

The job description should indicate the level of authority and responsibility of the individual. If the individual supervised other employees, the letter should state the level of education, job title and brief job duties of each individual supervised. Further, if the position involved any decision making authority or budgetary responsibilities, these should be highlighted.

In addition, the job description should state how the position involved the theoretical and practical application of specialized knowledge such as specialized computer programs, tools, skills, etc.