Legal Question in Immigration Law in California

Hello, I'm a holder of a British 3-year BA (Hons) in Modern Language Studies. I know that in the US the BA study lasts 4 year, but in England it usually lasts 3. Do I qualify for H1B sponsorship holding this degree? Job ads usually have as a requirement "4-year BA". What should I do? I'm now studying for my MA in translation (1-year long). Please give me advice and tell me your experiences! Thanks so much in advance!

P.S. on some sites there's written that to get the H1B you need a minimum of a bachelor's degree, others say that you need a total of 16 years of education. Which is the right requirement. I do have a BA but a total of 14 years of education (6y.o. to 16, then came back to education at 18 till 21, then 22 to 23). While studying for my BA I worked part-time for 3 years, does that help? Thanks again!!

The MA that I'm studying is a distance course.


Asked on 3/09/10, 8:43 am

1 Answer from Attorneys
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

You need a proper evaluation of your education to determine whether it is equivalent to a US bachelors degree. If it is not, you need three years (full-time) experience for every year of education which is missing based on H-1 regulations contained in Title 8 of the Code of Federal Regulations section 214.

There's no reason to guess about this. It's easy enough to find out. If you were my client, I'd arrange for the evaluation with an organization recognized by the Citizenship and Immigration Services for this purpose.

Since there are a limited number of H-1s available beginning April 1, time could be of the essence and you should not delay finding out this preliminary issue of eligibility.

The above is not legal advice. It is general information. It does not form an attorney client relationship. For further information, you may contact me directly at [email protected] or 818 609 1953.

Sincerely,

Alice M. Yardum-Hunter, Attorney at Law & Certified Specialist, Immigration & Nationality Law

State Bar of CA, Bd. of Legal Specialization

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Answered on 3/14/10, 1:45 pm


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