What is the requirement of bachelors degree or “equivalent” in the I-140 petition?
The requirement of bachelor’s degree or “equivalent” in the I-140 petition can be established only by academic education and degree. Here, the language “equivalent” in the I-140 petition is taken by the USCIS as an “equivalent foreign degree”, and not combination of education and experience. Additionally, in the EB-2 based I-140 petition, even if the Labor Certification application stated that the employer would accept a combination of education and experience in lieu of the bachelor’s degree, for the purpose of establishing the requirement of “a bachelor’s degree” followed by five years of progressive requirement, the USCIS may not accept such proof to meet the threshold qualification requirement for the EB-2 I-140 petition.
