L1 Blanket Education Requirements

[pshyama]

Hi,

I am trying to find an answer for the L1 Blanket education requirements and evaluation criteria. I read somewhere its bachelors degree or equivalent. I have 10 + 3 years diploma + 14 years relevant work experience.

My company initiated my L1 Blanket few days back and the education evaluator said my 3 year diploma is equivalent to 1 year bachelors, so chances are I might have to apply via L1-A or L1-B as an individual, which is time consuming.

I also read in this forum that for H1B, 6 years work experience is equivalent 3 years of bachelors degree, in case you have a 3 years diploma.

Does that hold true for L1 - Blanket case too? I mean can part of my work experience be evaluated as equivalent to 3 years bachelors degree or no such evaluations are possible?

[raghvi]

Hi,

I am trying to find an answer for the L1 Blanket education requirements and evaluation criteria. I read somewhere its bachelors degree or equivalent. I have 10 + 3 years diploma + 14 years relevant work experience.

My company initiated my L1 Blanket few days back and the education evaluator said my 3 year diploma is equivalent to 1 year bachelors, so chances are I might have to apply via L1-A or L1-B as an individual, which is time consuming.

I also read in this forum that for H1B, 6 years work experience is equivalent 3 years of bachelors degree, in case you have a 3 years diploma.

Does that hold true for L1 - Blanket case too? I mean can part of my work experience be evaluated as equivalent to 3 years bachelors degree or no such evaluations are possible?

I dont think so. In H1 one can specify bachelor's or equivalent. There is no such liberty with L1B.

In order to qualify under the blanket petitioning process, the employee having specialized knowledge must also be a professional. See 8 CFR 214.2(l)(1)(ii)(E).

8 CFR 214.2(l)(1)(ii)(E).

Specialized knowledge professional means an individual who has specialized knowledge as defined in paragraph (l)(1)(ii)(D) of this section and is a member of the professions as defined in section 101(a)(32) of the Immigration and Nationality Act.

101(a)(32)
INA 101(a)(32) defines “profession” as including, “but not limited to, architects, engineers, lawyers, physicians, surgeons, and teachers in elementary or secondary schools, colleges, academies, or seminaries.” DHS has also held that an occupation may generally be considered to be a “profession” within the meaning of INA 101(a)(32) if the attainment of a baccalaureate degree is usually the minimum requirement for entry into that occupation.


This is my opinion not legal advice.

[pshyama]

I dont think so. In H1 one can specify bachelor's or equivalent. There is no such liberty with L1B.

In order to qualify under the blanket petitioning process, the employee having specialized knowledge must also be a professional. See 8 CFR 214.2(l)(1)(ii)(E).

8 CFR 214.2(l)(1)(ii)(E).

Specialized knowledge professional means an individual who has specialized knowledge as defined in paragraph (l)(1)(ii)(D) of this section and is a member of the professions as defined in section 101(a)(32) of the Immigration and Nationality Act.

101(a)(32)
INA 101(a)(32) defines “profession” as including, “but not limited to, architects, engineers, lawyers, physicians, surgeons, and teachers in elementary or secondary schools, colleges, academies, or seminaries.” DHS has also held that an occupation may generally be considered to be a “profession” within the meaning of INA 101(a)(32) if the attainment of a baccalaureate degree is usually the minimum requirement for entry into that occupation.


This is my opinion not legal advice.

Thanks! Help me understand, what does equivalent stand for in this statement "bachelor's degree or higher in a specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States.". this is from 8 CFR 214.2(l)(1)(ii)(E).

[raghvi]

Thanks! Help me understand, what does equivalent stand for in this statement "bachelor's degree or higher in a specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States.". this is from 8 CFR 214.2(l)(1)(ii)(E).

I dont see that here : ***

Can you send me the link?

[pshyama]

I read it here - *** which states that to work in US you need to have "bachelor’s degree or its equivalent"

Also the below website claims in their FAQ that

"With the Blanket L program, L‑1B applicants must also be a "professional," requiring a bachelor’s degree or its equivalent through a combination of education and work experience."


I am really confused now, because even the Fragomen immigration team which is helping me with Visa through my company mailed me saying "bachelors (or equivalent) is required for the L1 blanket application".

What does equivalent really mean here? I am trying to collect as much data as possible from all sources to see if I have a valid argument to apply for L1 Blanket with my diploma and experience combination.

[raghvi]

I cant say for them. They may have had success in non Bachelor's category. I would suggest you go with your lawyers and immigration team and follow as per their suggestions.

This is my opinion not legal advice.

[pshyama]

I cant say for them. They may have had success in non Bachelor's category. I would suggest you go with your lawyers and immigration team and follow as per their suggestions.

This is my opinion not legal advice.

Thanks, for the help. I had a chance to put my point across my immigration team with the below data points and here's the info they provided, which might be helpful for others too, having similar doubts.

For L1 Blanket or any US non immigrant Visa, We can use any combination of university-level education AND professional experience to get us to the US Bachelors equivalent.

[raghvi]

Thanks, for the help. I had a chance to put my point across my immigration team with the below data points and here's the info they provided, which might be helpful for others too, having similar doubts.

For L1 Blanket or any US non immigrant Visa, We can use any combination of university-level education AND professional experience to get us to the US Bachelors equivalent.

Thanks for the valuable inputs. When in doubt always check with attorneys.

[CarlAllen1]

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