For individuals seeking permanent residence in the United States through employment-based immigration, the EB-2 and EB-3 immigrant visa categories are two of the most commonly pursued paths. Both require the applicant to possess a qualifying level of education and, in some cases, relevant professional experience. However, complications often arise when an applicant’s education was obtained outside of the United States. Many foreign degrees—especially from countries like India, the United Kingdom, and Australia—do not easily map onto the U.S. academic system, and understanding how USCIS evaluates foreign degree equivalencies is crucial in determining whether a candidate qualifies under the EB-2 or EB-3 classification.

In this article, we’ll break down the key distinctions between EB-2 and EB-3 visa categories, the role of educational credentials in these classifications, and how United States Citizenship and Immigration Services (USCIS) evaluates foreign degrees for the purposes of employment-based green card eligibility.

What Are EB-2 and EB-3 Employment-Based Green Card Categories?

Before diving into degree equivalencies, it’s important to understand the basic eligibility criteria for EB-2 and EB-3 green card categories:

• EB-2 (Employment-Based Second Preference): This category is generally reserved for professionals who either hold an advanced degree (above a U.S. bachelor’s degree) or possess a bachelor’s degree followed by at least five years of progressive, post-baccalaureate work experience in their field. This classification is often used by individuals in specialized professional roles such as engineers, computer scientists, physicians, and researchers.
• EB-3 (Employment-Based Third Preference): This category includes two primary subgroups: (1) professionals holding at least a U.S. bachelor’s degree or the foreign equivalent, and (2) skilled workers who have at least two years of relevant job experience or training. EB-3 is more accessible than EB-2 but is also more backlogged, especially for applicants from high-demand countries like India and China.

The Challenge of Foreign Degree Equivalency

One of the most critical factors in determining whether a foreign national qualifies for EB-2 or EB-3 classification is whether their educational credentials are considered equivalent to the U.S. degrees required for the job.

For EB-2, the law requires either:

• A S. advanced degree (typically a Master’s or higher), or
• A S. bachelor’s degree (or foreign equivalent) plus five years of progressive experience in the field.

For EB-3, the requirement is generally:

• A S. bachelor’s degree or the foreign equivalent.
  Note: Progressive experience is not a substitute for the degree in EB-3.

How USCIS Evaluates Foreign Degrees

When determining whether a foreign degree is the equivalent of a U.S. degree, USCIS applies a rigid framework that focuses primarily on the duration of study rather than the substance or rigor of the academic program. In other words, even if a foreign credential evaluation agency concludes that a certain foreign degree is academically equivalent to a U.S. bachelor’s or master’s degree, USCIS may still deny the petition if the total number of years of post-secondary education does not align with U.S. standards.

USCIS generally applies the following rules of thumb:

• A foreign bachelor’s degree must consist of four years of post-secondary study to be considered equivalent to a S. bachelor’s degree.
• A foreign master’s degree must be in addition to a four-year bachelor’s degree and bring the total to at least six years of post-secondary education to be considered equivalent to a S. master’s degree.

This strict adherence to academic duration often causes problems for applicants from countries where standard undergraduate programs are shorter.

Common Degree Scenarios and Their Impact on EB-2 or EB-3 Eligibility

Let’s walk through six common foreign degree combinations and how USCIS may interpret them:

Scenario 1: Three-Year Foreign Bachelor’s Degree (3 Years of Study)

This is common in countries like India or Australia. Unfortunately, a standalone three-year bachelor’s degree does not qualify as the equivalent of a U.S. bachelor’s degree. Therefore, this candidate would likely not qualify for EB-2 and may be limited to EB-3 Skilled Worker classification if they have at least two years of training or experience.

Scenario 2: Three-Year Bachelor’s + One-Year Master’s (4 Years Total)

This still typically falls short of the EB-2 requirement, as the combined education is only four years. However, if the individual has five years of relevant post-degree experience, they may qualify for EB-2 under the “bachelor’s + five years” rule. Without the experience, they would likely only qualify under EB-3.

Scenario 3: Three-Year Bachelor’s + Two-Year Master’s (5 Years Total)

While this scenario provides more total education, it still doesn’t reach six years of post-secondary education. As with Scenario 2, the individual may qualify for EB-2 if they have five years of relevant post-baccalaureate experience. Otherwise, this applicant may also fall under EB-3.

Scenario 4: Four-Year Bachelor’s + One-Year Master’s (5 Years Total)

In this case, the bachelor’s degree meets U.S. equivalency, and if the candidate also has five years of progressive experience, they may qualify for EB-2. Without the experience, however, they would typically be EB-3 eligible.

Scenario 5: Four-Year Bachelor’s + Two-Year Master’s (6 Years Total)

This combination meets the standard for a U.S. master’s degree, and the applicant would likely qualify for EB-2 without needing to show additional experience.

Scenario 6: Four-Year Bachelor’s + Three-Year Master’s (6+ Years Total)

This also qualifies as the equivalent of a U.S. master’s degree. In most cases, USCIS will recognize this as meeting the EB-2 advanced degree requirement.

Tips for Employers and Applicants

1. Obtain a Detailed Credential Evaluation: Use a reputable academic evaluation service that explicitly outlines the number of years of post-secondary education and compares it to U.S. degree standards. Even though USCIS may rely more heavily on years of study than content, a strong evaluation is still valuable.
2. Document Work Experience Thoroughly: For those relying on the “bachelor’s + five years of experience” route to EB-2 eligibility, it is critical to present detailed employment verification letters describing duties, dates of employment, and evidence of progressive responsibility.
3. Plan Strategically Based on Country-Specific Backlogs: EB-2 is often more backlogged for certain countries (notably India and China), but in some years EB-3 moves faster. If both options are available, consult an immigration attorney to determine the best strategy.
4. Beware of Misclassification: Filing under EB-2 when the applicant’s credentials are only equivalent to a U.S. associate degree or a non-qualifying bachelor’s may lead to denial. Similarly, underqualifying someone for EB-3 when they could have met EB-2 requirements might delay permanent residency.

Conclusion: Know Your Degree’s Worth

For foreign nationals pursuing employment-based permanent residency in the United States, understanding the nuances of foreign degree equivalency is critical. USCIS maintains a rigid framework that often hinges on years of post-secondary education, sometimes at the expense of academic rigor or institutional reputation. As a result, a seemingly small difference—such as a three-year versus four-year bachelor’s degree—can determine whether a person qualifies for EB-2 or EB-3 classification.

Employers, foreign professionals, and immigration practitioners should approach these cases with a detailed understanding of degree structures, USCIS interpretation, and country-specific visa bulletin trends. When in doubt, consult an experienced immigration attorney to ensure you’re on the best path toward a successful green card application.

For more information, or for a detailed conversation the EB-2 or EB-3 process, please schedule a time to speak here.

By Ryan A. Wilck, Partner and Attorney at Law

Ryan Wilck is a Managing Partner and attorney at Reddy & Neumann, P.C. with over a decade of US immigration law experience, enthusiastic and proactive in his approach assisting clients and their employees through the various phases of the permanent residency a/k/a Green Card process. “Concilio et labore” is not only the motto of Ryan’s favorite sports club but is also his life’s motto; all things come through wisdom and effort. Ryan is passionate about gaining the trust of his clients by utilizing a relentless and detail-oriented approach to understand their specific goals and concerns, hoping to instill a sense of confidence and stability. Whatever your immigration problem or interest, he and his team will find a solution, through wisdom and effort. Reddy & Neumann, P.C. has been serving the business community for over 20 years and is Houston’s largest immigration law firm focused solely on employment-based business immigration. We work with employers and their employees, helping navigate the complex immigration process efficiently and cost-effective.

 We are committed to assisting our clients with navigating the complex PERM Labor Certification (ETA 9089 and other challenging immigration matters as an accomplished immigration law firm in Houston, Texas. Our team is here to offer the direction and support you require, whether you’re a company trying to hire top talent or a foreign worker seeking to develop a career in the United States. To find out more about how we can help you with your immigration issues, get in touch with us right away.