Eligibility criteria
Advanced degree and experience in the specialty
Whether you hold an advanced degree or its equivalent, and whether the intended occupation is a profession.
What USCIS is questioning
- Whether you hold a U.S. advanced degree or foreign equivalent, or a bachelor's degree plus five years of progressive post-degree experience in the specialty, and whether the occupation for your endeavor is a profession.[1,2]
The legal standard
- 8 CFR 204.5(k)(2) defines an advanced degree as a U.S. or foreign equivalent degree above a bachelor's, and treats a bachelor's plus at least five years of progressive experience in the specialty as equal to a master's. A profession is an occupation that requires at least a bachelor's degree for entry.[2]
- NIW petitions have no certified labor certification, so USCIS decides case by case whether the occupation is a profession and whether the experience is in the specialty. The experience must follow the bachelor's degree and relate to the degree field or the endeavor.[1,3,4]
How the request usually reads
- Interpretation An RFE on this issue typically questions whether a foreign degree is equivalent, whether the experience came after the degree and is in the specialty, or whether the occupation needed for the endeavor requires a bachelor's degree.[1,5]
Evidence petitioners often provide
- Interpretation Official academic records and transcripts; a credential evaluation for foreign degrees; employer letters giving the writer's name, address, and title and describing progressive duties; and evidence that the occupation normally requires at least a bachelor's degree.[1,2,6]
Where responses go wrong
- Counting experience gained before the bachelor's degree was completed.[1,2]
- Relying on experience unrelated to both the degree and the endeavor; the Policy Manual's example is a chemistry degree followed by work as a restaurant manager.[1]
- Proposing an endeavor in an occupation that does not require a degree for entry; the Policy Manual's example is a person with a master's degree or Ph.D. in engineering who plans to open a bakery.[1]
AAO decisions on this issue
- Matter of O-A-, Inc., Adopted Decision 2017-03 (AAO Apr. 17, 2017)
If the petitioner shows that all substantive degree requirements were met and the degree was approved when a provisional certificate was issued, USCIS counts post-degree experience from the provisional certificate date.
This information is for general informational purposes and is not legal advice. It does not create an attorney-client relationship and does not predict the outcome of any individual case.
Sources
- 1.USCIS Policy Manual, Volume 6, Part F, Chapter 5 — Advanced Degree or Exceptional AbilityUSCIS · USCIS Policy Manual · Checked Sep 27, 2026
- 2.8 CFR 204.5 - Petitions for employment-based immigrantseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
- 3.Policy Alert PA-2025-03: Second Preference Eligibility for National Interest Waiver PetitionsUSCIS · USCIS Policy Manual · Published Jan 15, 2025 · Checked Sep 27, 2026
- 4.Employment-Based Immigration: Second Preference EB-2 (includes National Interest Waiver filing tips)USCIS · Agency page · Checked Sep 27, 2026
- 5.USCIS Policy Manual, Volume 1, Part E, Chapter 6 - EvidenceUSCIS · USCIS Policy Manual · Checked Sep 27, 2026
- 6.Checklist of Required Initial Evidence for Form I-140 (for informational purposes only)USCIS · Agency page · Checked Sep 27, 2026
- 7.Matter of O-A-, Inc., Adopted Decision 2017-03 (AAO Apr. 17, 2017)USCIS Administrative Appeals Office · AAO decision · Published Apr 17, 2017 · Checked Sep 27, 2026