H-1B: An Issue of Foreign Bachelor's Degree
Author: Attorney Jian Joe Zhou (jzhou@hooyou.com)
1. Introduction to H-1B Visa
In the path to professional development in the United States, the H-1B visa has become a coveted "ticket" for many foreign nationals. The H-1B visa is a non-immigrant work visa established by the U.S. to attract foreign talents in specialized fields. The basic requirement is that the beneficiary must have at least the equivalent of a U.S. bachelor's degree to qualify for professional positions.
2. Background Story
Leo is a young student from China who completed his undergraduate studies in statistics at auniversity in China. Driven by his strong interest in the financial sector, he came to the U.S. to pursue a master’s degree in finance.
A friend of Leo’s father operates a small financial consulting firm in New York. After a few interactions with Leo, he was impressed by Leo’s solid statistical foundation and potential in the financial field and was willing to sponsor him for an H-1B visa, inviting him to join the company after graduation. This was an excellent opportunity; however, since Leo had not yet graduated from his master's program, he was deeply conflicted and uncertain. He pondered: Can a graduate student who has not yet completed their degree apply for an H-1B visa? If so, how should the application be submitted? If the H-1B is selected in the quota lottery and approved, how can he complete his graduate studies smoothly? These questions troubled Leo and many other international students of similar situation.
3. H-1B Visa Educational Requirements
Among the complex rules of H-1B visa applications, educational requirements are a major concern. According to U.S. immigration regulations, applicants for an H-1B visa must hold at least the equivalent of a U.S. bachelor's degree. This concept of "equivalence" serves as a guiding light for many aspiring applicants. A bachelor's degree obtained from a U.S. institution qualifies for an H-1B visa application. Similarly, a degree earned outside the U.S. can also be recognized if evaluated by a credential evaluation agency as equivalent to a U.S. bachelor's degree. The U.S. immigration authorities treat both degrees equally. The evaluation process is not complicated, usually costing a couple of hundred dollars and taking only a few days. Generally, a four-year non-U.S. bachelor's degree is considered equivalent to a U.S. bachelor's degree.
Furthermore, the scope of acceptable bachelor's degrees is broad. Traditional undergraduate degrees are naturally included, but distance learning degrees, top-up degrees, and degrees from open universities can also qualify, provided they are evaluated and recognized by the appropriate credential agencies. Therefore, for students like Leo, who are still pursuing their graduate degrees, they can apply for an H-1B visa based on their existing undergraduate degree. Prospective applicants should not hesitate due to misconceptions about graduate degrees would they found H-1b sponsoring employers. If an opportunity arises, they should apply as soon as possible. If selected in the H-1B lottery, they can choose the consular processing option to delay activation, allowing them to complete their graduate degree in F-1 status while securing the benefits of an H-1B visa for immediate employment after graduation.
4. The Positive Role of Graduate Studies
Being enrolled in a graduate program may also provide an advantage. If the applicant's graduate major is closely related to their undergraduate field, it can significantly enhance their professional profile and strengthen their H-1B application.
During graduate studies, the applicant engages with advanced knowledge and research projects. If these are closely aligned with the job role applied for under H-1B, they further demonstrate professional development and suitability for the position. For example, if Leo conducts in-depth research on credit risk assessment model optimization in finance, it highlights his expertise in financial statistical analysis, strengthening his case for a statistics-related job. This allows the employer and immigration authorities to see his capabilities and potential in data mining, risk quantification, and analysis.
Given the evolving H-1B policies and possible changes introduced by a new administration, this year’s H-1B application environment has become increasingly complex and unpredictable. Therefore, hiring an experienced attorney to handle an H-1B application is particularly crucial. A professional attorney can help applicants accurately understand the latest policies, guide employers in preparing strong and compliant application materials, and minimize risks posed by policy uncertainties. For employers seeking to hire international talent and individuals pursuing careers in the U.S., seeking professional legal assistance during this dynamic period is a vital step toward success.
Attorney Jian Joe Zhou is the managing attorney and co-managing partner of Zhang & Associates, P.C., with over 20 years of experience in business immigration law. He has successfully handled thousands of immigration cases, including H-1B applications, and specializes in complex H-1B cases across various industries and academic backgrounds. For more legal service information, please contact Attorney Jian Joe Zhou at jzhou@hooyou.com.
Founded in 1996, Zhang & Associates, P.C. offers legal services to clients worldwide in all aspects of U.S immigration law. We have successfully handled over ten thousand immigration cases.
At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, I-485 I-130, H-1B, O, L and J cases. In the past
over twenty years, we have successfully helped over ten thousand clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.
Zhang & Associates, P.C.
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(02/13/2025)