This appeal was not successful at this stage
The AAO dismissed the appeal because the Beneficiary's three-year Indian degree in computer science and mathematics did not meet any of the regulatory criteria for qualifying as equivalent to a U.S. bachelor's degree required for the specialty occupation. The credential evaluation submitted was found insufficient due to the evaluator's failure to properly assess the Beneficiary's work experience under the specific college credit program's standards.
A global banking and payments technology company sought H-1B classification for a Beneficiary with a three-year Indian degree in computer science and mathematics. The California Service Center denied the petition on the grounds that the Beneficiary was not qualified for the specialty occupation. On appeal, the AAO reviewed the credential evaluation submitted and found it fatally flawed because the evaluating professor failed to apply the specific institution's life experience credit program requirements — notably that such credit is capped at 15 credits, limited to elective courses, and requires the student to demonstrate college-level learning. Because none of the five alternative pathways under 8 C.F.R. § 214.2(h)(4)(iii)(D) were satisfied, and no recognition of expertise evidence under 8 C.F.R. § 214.2(h)(4)(iii)(D)(5)(i)-(v) was provided, the appeal was dismissed.
What failed: 1. The Beneficiary's three-year Indian degree was not accepted as equivalent to a U.S. bachelor's degree. 2. The credential evaluation was discounted because the evaluator did not correctly apply the university's life experience credit program rules — the program only awards up to 15 elective credits and requires the applicant to personally demonstrate that work experience constitutes college-level learning. 3. No evidence of recognition of expertise (e.g., expert opinion letters, professional association membership, publications, or licensure) was submitted to satisfy the alternative qualification pathway under 8 C.F.R. § 214.2(h)(4)(iii)(D)(5).
Takeaway: When a beneficiary holds a three-year foreign degree, petitioners must submit a credential evaluation that rigorously applies the specific institution's credit-for-experience program rules, and must also provide independent evidence of expertise recognition (such as expert opinion letters or professional certifications) to satisfy the equivalency requirements under 8 C.F.R. § 214.2(h)(4)(iii)(D)(5).
Cases like this are frequently used by attorneys when responding to RFEs or building initial petitions. The evidence patterns that worked (or failed) here directly reflect what USCIS officers look for when evaluating H-1B criteria.
● Evidence that moved the needle
- See summary above for details.
● Evidence that wasn't enough alone
- The Beneficiary's three-year Indian degree was not accepted as equivalent to a U.S
- The credential evaluation was discounted because the evaluator did not correctly apply the university's life experience credit program rules — the program only awards up to 15 elective credits and requires the applicant to personally demonstrate that work experience constitutes college-level learning
- No evidence of recognition of expertise (e.g., expert opinion letters, professional association membership, publications, or licensure) was submitted to satisfy the alternative qualification pathway under 8 C.F.R
- § 214.2(h)(4)(iii)(D)(5).
Credential evaluation from a university professor finding the Beneficiary's credentials equivalent to a U.S. bachelor's degree in management information systems — discounted because the evaluator did not properly apply the institution's life experience credit program requirements (limited to 15 credits, restricted to elective courses, requires student to demonstrate college-level learning)
Beneficiary's three-year degree in computer science and mathematics from India — found not equivalent to a U.S. bachelor's degree
Work history evidence dating to August 2007 — insufficient without accompanying recognition of expertise documentation required under 8 C.F.R. § 214.2(h)(4)(iii)(D)(5)(i)-(v)
Completed
I-129 filed
Technology professional in banking and payments industry, with a background in computer science and mathematics
Completed
Director — Denied
Initial decision: Denied.
Completed
Appeal to the AAO
Petitioner appealed to the Administrative Appeals Office for de novo review.
2018-06-07
AAO decision — Dismissed
The AAO dismissed the appeal because the Beneficiary's three-year Indian degree in computer science and mathematics did not meet any of the regulatory criteria for qualifying as equivalent to a U.S. bachelor's degree required for the specialty occupation. The credential evaluation submitted was found insufficient due to the evaluator's failure to properly assess the Beneficiary's work experience under the specific college credit program's standards.
If you're appealing a similar decision, I-290B must be filed within 30 days of personal service of the denial, or 33 days if mailed.
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