Harry

Does anyone know how strict the INS are on enforcing the college degree or 12 years experience rule? I have 9 yrs experience, a bunch of awards and other distinctions, but only 2 yrs out of a 4 yr US college degree. Do you think they are likely to let this slide or not?

Karen Lee

I think the 4-year degree vs. 12 years experience rule translates to: 3 years
experience for every year of college.

So, since you already have 2 years of college, you would need 6 years experience.

I'm not 100% sure about this, however.

(Question: are your experience and your college education in the same field?)

--Karen Lee

Harry <[email protected]>ÀÌ(°¡) ¾Ã� ·¡ ¸Þ½ÃÃ?ö¸¦
news:[email protected]¿¡ °Ô½ÃÇÃ?¿´½À´Ã?� �´Ã™.
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Harry

Thanks for the info, Karen Lee!

>(Question: are your experience and your college education >in the same field?)

I hadn't declared my major at the time I had to drop out due to financial reasons.

-Harry

Nigel Horne

For what it's worth, I have 2 university degrees and 20 years experience. I'm still
waiting for a decision nearly a year on. Not surprisingly it rather looks as though
the job offer is to be withdrawn and I'll have to start all over again. *sigh*

-Nigel

IUL

The rule is 8 for 2 - four years experience for 1 year in college. You have to have
education in the same field as work. You have to have at least 2 years of college
BEFORE the 8 years of work. Also your work has to be ' on the level where usually
works employee with at least bachelor degree'.

Ig

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[usenetquote2]> > Does anyone know how strict the INS are on enforcing the college degree or 12[/usenetquote2]
[usenetquote2]> > years experience rule? I have 9 yrs experience, a bunch of awards and other[/usenetquote2]
[usenetquote2]> > distinctions, but only 2 yrs out of a 4 yr US college degree. Do you think they[/usenetquote2]
[usenetquote2]> > are likely to let this slide or not?[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > --[/usenetquote2]

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Joachim Feise

IUL wrote:
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No. I don't know where you got that from. The rule is 3 years for each year of
college. As usual, it is given in the law: 8CFR214.2(h)(4)(iii)(D)((5)) (at http://w-
ww.ins.usdoj.gov/cgi-bin/folioisa.dll/lawbooks.nfo/query=[jump!3A!278cfrsec2142h!27]-
/doc/{@16127}?) <<< For purposes of determining equivalency to a baccalaureate degree
in the specialty, three years of specialized training and/or work experience must be
demonstrated for each year of college-level training the alien lacks.
[usenetquote2]>>>[/usenetquote2]

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Yes.

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No.

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Yes. I paraphrase the law: A bachelor is normally the minimum requirement for the
job, the degree requirement is common in the industry, the employer normally requires
a degree for the position, the duties require the knowledge one gets with a bachelor.

-Joe

IUL

Hi Joachim, Thanks for your comments,

We took the rule 4 for one from a number of real cases listed as interim decisions of
INS for H1B and green cards. In many cases they used that rule. But I am delighted to
see that we can use 3 for 1 (I had read your citation).

2 years of college before work is also given on the basis of real INS cases. Even if
it is not precisely defined in the law, I do not think you can find any single case
when INS gave H1b to somebody who did not study at all or have 1 year of associate
level study and the rest - practical work.

Igor

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[usenetquote2]> >[/usenetquote2]
[usenetquote2]> > The rule is 8 for 2 - four years experience for 1 year in college.[/usenetquote2]
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law:
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http://www.ins.usdoj.gov/cgi-bin/fol...oks.nfo/query=[jump!3A!27
8cfrsec2142h!27]/doc/{@16127}?)
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three
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[usenetquote2]> >>>[/usenetquote2]
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[usenetquote2]> > You have to have education in the same field as work.[/usenetquote2]
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[usenetquote2]> > You have to have at least 2 years of college BEFORE the 8 years of work.[/usenetquote2]
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[usenetquote2]> > Also your work has to be ' on the level where usually works employee with at[/usenetquote2]
[usenetquote2]> > least bachelor degree'.[/usenetquote2]
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employer
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knowledge
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Joachim Feise

IUL wrote:
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All the people with H1 that I know have a college degree, so I can't really comment
on that. And not being a lawyer, or working in a lawyer's office, I have no way to
actually look at H1 cases. I am pretty sure, however, that INS would not deny cases
of somebody without college, but 12 years relevant experience, based only on that
fact. Every lawyer worth his or her fees could fight that and would win, since INS
would be violating the law. They are still not above the law. Of course, companies
usually go the easier way and just drop the case, and cut their losses. I think that
in the cases you looked at, you will find that there was some other reason why INS
denied the cases. Probably something like the jobs do not require a degree.

-Joe