EB-3 For Client With Foreign Bachelor's Degree Not Recognized By USCIS

• USCIS does not recognize the client’s Malaysian bachelor’s degree.
• Difficult to prove a three-year Malaysian degree in Computer Science is sufficient for permanent work in the U.S.
• Under the Trump Administration, USCIS approval rates have hit an all-time low.

BACKGROUND

Mr. Rajan had a natural affinity for computers and realized even as a young man he wanted a career in computer programming. After graduating from high school, he entered Monash University in Malaysia and completed his Bachelor’s degree in Computer Science. He found his first job in Australia and then transferred to the United States. Mr. Rajan’s hard work and dexterity with computer programming led him to quick professional advancement. In fact, his employer, Taj House Home Furnishings, supported his Immigrant Petition for Alien Worker (Form I-140) so Mr. Rajan can work in the U.S. permanently.

Mr. Rajan felt he qualified for Third Preference for Employment-Based Immigration or EB-3 under the “professionals” category which requires at least a U.S. baccalaureate degree or foreign equivalent. Unfortunately, the officer from the United States Citizenship and Immigration Services (USCIS) who reviewed the case was suspicious that Mr. Rajan’s education from Malaysia was insufficient to qualify him for the position of Computer Information Manager at Taj Home Furnishings.

When Mr. Rajan received an official Request for Evidence (RFE) he felt helpless to argue his case against an enormous bureaucracy. Fortunately, Mr. Rajan turned to the immigration experts at Tsang and Associates.

KEYS TO SUCCESS

After consulting with Mr. Rajan, Tsang and Associates set about gathering documents to address the specific concerns the USCIS had with his application. The firm arranged professional agencies to provide official Academic Equivalency Evaluations to not only prove the value of his Malaysian bachelor’s degree but also how those qualifications would be a valuable commodity in the U.S. market. Within short order, Tsang and Associates submitted an Attorney Brief in response to the RFE with organized appendices.

Additionally, the package detailed the extensive analysis of all relevant topics of assessment: a) the formality of Mr. Rajan’s education b) the type of institution, c) an explanation of evaluated material, and d) a description of the evaluator’s qualifications and experience.

Rounding out the response, Tsang and Associates arranged for Taj House Home Furnishings to provide a company profile, an organizational chart, an IRS tax return for 2017, and their Occupational Outlook Handbook for the position of Computer Information Systems Manager. These documents would show how the Computer Information Manager position qualified for the requested classification, how Mr. Rajan qualifies to be hired for the position, and that the company can pay the proffered wage.

OUTCOME

Within two weeks, and despite the low approval rates by the USCIS under the Trump Administration, Mr. Rajan received his approval letter qualifying him for EB-3 status. Tsang and Associates attribute their success to the clearly organized Attorney Brief, the respected Academic Evaluation Reports, and the Expert Opinion Letters. Mr. Rajan is happily working in his elevated position at Taj House Home Furnishings and is enjoying life in the Los Angeles area. Tsang and Associates are honored to have been a part of making Mr. Rajan’s dream come true.