Last updated: October 2026. Checked against USCIS Policy Manual Volume 6 (Part E, Chapter 9 and Part F, Chapter 5), 8 CFR 204.5(k) and published precedent decisions.
An EB2 NIW credential evaluation is a written opinion on whether your foreign degree is equivalent to a U.S. degree. USCIS treats it as “solely advisory,” and the officer makes the final decision. Officers may favorably consider an evaluation that makes a “credible, logical, and well-documented case” based solely on your foreign degree(s). They do not find conclusory opinions persuasive. So a useful evaluation explains how it reached its conclusion, and you file it together with your full transcripts and certified translations.
This guide sets out what the USCIS Policy Manual, the regulations and published precedent decisions say about foreign degree evaluation for the NIW. It covers the U.S. equivalency standard, three-year bachelor’s degrees and combined degrees. It does not recommend or price any evaluation company.
Key takeaways
- Neither 8 CFR 204.5(k)(3) nor the Form I-140 instructions lists an evaluation as a required document. What they require is an official academic record showing a U.S. degree or “a foreign equivalent degree.”
- The evaluation has to answer the EB-2 question. Either your foreign degree equals a U.S. master’s or higher, or it equals a U.S. bachelor’s degree that you followed with five years of progressive experience in the specialty.
- The EB-2 rule has no H-1B-style formula that lets work experience stand in for a degree.
- In a 1977 precedent decision, Matter of Shah, a three-year course of study was held “not equivalent to a United States baccalaureate degree, usually requiring 4 years of study.”
- The U.S. Department of Education says there is no federal regulation of credential evaluation services and that it does not endorse any individual service.
What USCIS says about an EB2 NIW credential evaluation
The guidance is short. It sits in the Policy Manual, Volume 6, Part E, Chapter 9 (current as of October 23, 2026) and makes four points:
- Officers “may favorably consider” an evaluation by “an independent credentials evaluator who has provided a credible, logical, and well-documented case for such an equivalency determination that is based solely on the alien’s foreign degree(s).”
- They may also accept a comparable evaluation by a school official “who has the authority to make such determinations and is acting in his or her official capacity.”
- Officers read the evaluation “in conjunction with a review of the beneficiary’s relevant education credentials and other available credible resource material.” Opinions “that are merely conclusory and do not provide a credible roadmap” are “not persuasive.”
- Any evaluation “is solely advisory in nature; the final determination continues to rest with the officer.”
Two precedent decisions the chapter cites go further. In Matter of Sea, Inc., 19 I&N Dec. 817 (Comm’r 1988), the Commissioner wrote that an evaluation “not in accord with previous equivalencies or… in any way questionable” may be “discounted or given less weight.” Matter of Caron International, 19 I&N Dec. 791 (Comm’r 1988) says the same about expert opinions “not in accord with other information.” An evaluation that contradicts your transcripts, your CV or your Form ETA-9089 Appendix A works against you.
Is an evaluation mandatory? No regulation says so. 8 CFR 204.5(k)(3)(i) requires “an official academic record” showing a U.S. degree or “a foreign equivalent degree,” and proving that equivalency is your burden. A credential evaluation is one way to explain it to the officer, and the Policy Manual sets the standard for how officers weigh one.
The U.S. equivalency standard: “a foreign equivalent degree”
8 CFR 204.5(k)(2) defines an advanced degree as “any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate.” A U.S. bachelor’s degree “or a foreign equivalent degree followed by at least five years of progressive experience in the specialty” counts as a master’s. A footnote in the evaluation chapter adds that for this classification “the beneficiary’s educational credentials must be equivalent to a U.S. degree.” According to the Policy Manual, Volume 6, Part F, Chapter 5, anyone without at least a U.S. bachelor’s degree or a foreign equivalent degree “is ineligible for this classification.” That chapter describes these routes:
| Route | What the evaluation needs to show | What else USCIS looks at |
|---|---|---|
| Advanced degree | A foreign degree equivalent to a U.S. master’s degree or higher (or to a U.S. doctorate if the specialty customarily requires one) | That the occupation behind your endeavor is a profession |
| Bachelor’s plus 5 years | A foreign degree equivalent to a U.S. bachelor’s degree, and when it was completed | Employer letters showing 5 years of progressive experience in the specialty, all after the degree |
| Exceptional ability | No U.S. equivalency test is stated for this criterion, which asks for a “degree, diploma, certificate, or similar award” relating to the area of exceptional ability | At least three of the six criteria in total, a final merits review, and a direct link to the endeavor |
Two details matter for the evaluation itself. The first is the field. The Policy Manual says a specialty “generally refers to the field of study related to the baccalaureate degree.” It also cites Matter of Katigbak for the rule that the degree “must be academically appropriate to the profession.” So an evaluation should name the U.S. field of study, not just the degree level. The second is the date. Post-degree experience counts from when the degree requirements were completed, so that date needs to be clear in your records. Our guide to the bachelor’s degree plus five years route explains how it is counted, and who qualifies for EB-2 NIW covers the profession test.
Why an H-1B evaluation may not work for EB-2
If you hold or held H-1B status, you may already have an evaluation from that case. The H-1B regulation, 8 CFR 214.2(h)(4)(iii)(D), allows degree equivalency through “a combination of education, specialized training, and/or work experience.” It counts three years of experience “for each year of college-level training the alien lacks.” The EB-2 definition in 8 CFR 204.5(k)(2) has no such rule. It asks for “a foreign equivalent degree,” and the Policy Manual says the evaluation must be “based solely on the alien’s foreign degree(s).”
So an evaluation that reaches bachelor’s equivalency by counting work experience does not show what the EB-2 regulation asks for. The same years of experience may also be needed separately for the five-year requirement, which counts only experience gained after the degree.
Three-year degrees for EB-2
The Policy Manual chapters on evaluations and advanced degrees do not mention three-year degrees by name. The main official text on the point is Matter of Shah, 17 I&N Dec. 244 (Reg’l Comm’r 1977), a published precedent decision about a three-year Indian B.S. degree. The decision said that a “3-year course of study… is not equivalent to a United States baccalaureate degree, usually requiring 4 years of study.” It also noted two gaps in the record: there was a transcript for only one school year, and nothing explained the “Special” designation on the degree.
Under 8 CFR 103.3(c), designated precedent decisions “are binding on all Service employees” unless later precedent modifies or overrules them. Shah was decided under the former third-preference category, years before the EB-2 rules were written, and how it applies to a particular degree depends on the facts. In practice, if a petition rests on a three-year degree, expect the officer to look closely at that degree. An evaluation that simply says “equivalent” will not answer the question. If your EB-2 eligibility depends on a three-year bachelor’s degree, have a licensed immigration attorney review your approach before you file.
Combining degrees: what USCIS actually says
The advanced degree section of the Policy Manual mentions combined credentials once, in the context of labor certification: “Where the position requires multiple credentials combined with experience, the issue is not whether a combination of more than one of the foreign degrees or credentials is comparable to a single U.S. bachelor’s degree or an advanced degree, but rather that the minimum requirements for the position in the permanent labor certification meet the definition of an advanced degree.”
That passage is about the minimum requirements of a job the Department of Labor has certified. An NIW petition has no certified job, so the passage does not settle the question for an NIW. Here is what the official texts do say:
- The regulation uses the singular: “a foreign equivalent degree” (8 CFR 204.5(k)(2)).
- The Policy Manual’s evaluation standard refers to “foreign degree(s),” so an evaluation may consider more than one of your degrees.
- Neither 8 CFR 204.5(k) nor Volume 6, Part F, Chapter 5 says that two credentials, each short of a U.S. bachelor’s degree, can be added together to make one equivalent degree.
Your case may depend on combining credentials, for example a three-year bachelor’s degree followed by a postgraduate diploma. If so, treat it as a complex legal question and have a licensed immigration attorney review it.
Unsure whether your education fits the master’s route or the bachelor’s-plus-five route? Our free EB-2 NIW profile evaluation reviews your education and experience against both routes before you order an evaluation or file.
What a credible EB2 NIW credential evaluation contains
USCIS publishes no template, and the Policy Manual does not require the evaluator to belong to any particular association. Based on its “credible, logical, and well-documented” and “roadmap” standard, here is what to look for in a credential evaluation for I-140 use:
- A list of every document reviewed: degree certificates, complete transcripts and translations.
- The institution and program, including the program’s length and the schooling required for admission.
- The coursework or credits the conclusion relies on.
- A precise U.S. equivalent: the degree level, the field of study, and when the requirements were completed.
- The reasoning and reference sources, laid out so an officer can follow each step.
- An analysis based on education only, not work experience, for EB-2 purposes.
- The evaluator’s name and qualifications, a date and a signature.
Then check the evaluation against the rest of your file. If it conflicts with your transcripts, CV or Appendix A, Matter of Sea says it may be “discounted or given less weight.”
Transcripts, translations and copies
The officer reviews the evaluation together with your credentials, so it does not replace them. Include the degree certificate and complete transcripts. In Shah, a transcript covering only one school year was part of the problem.
- Translations: 8 CFR 103.2(b)(3) requires a full English translation of any foreign-language document. The translator must certify that it is complete and accurate and that they are competent to translate. The Form I-140 instructions add the translator’s signature, printed name, date and contact information.
- Copies: the I-140 instructions ask for legible photocopies unless an original is specifically requested. USCIS “may request an original document at any time,” and originals you send without being asked may be destroyed.
- Verification: according to the I-140 instructions, USCIS may verify information before or after a decision. Its methods include reviewing public records and contacting people through written correspondence.
- Consistency: names, dates and degree titles should match across the certificate, transcripts, translation, evaluation and forms. Our EB-2 NIW document checklist lists where each one goes.
The U.S. Department of Education also has a page on evaluation services. It says “there is no federal regulation of credential evaluation services” and that the Department “does not endorse or recommend any individual credential evaluation service or any individual association of credential evaluation services.” It notes that different services “might evaluate credentials differently,” that services generally require English translations, and that the federal government “has no role in credential evaluation appeals.” The USCIS Policy Manual does not name or require any particular evaluator.
Skycap Consultancy is a petition-preparation consultancy, not a law firm. Our document compilation and review service checks that your certificate, transcripts, translations and evaluation are consistent before you file. If USCIS questions your degree after filing, our EB2 NIW RFE response guide covers deadlines and structure.
Frequently Asked Questions
Does USCIS require a credential evaluation for EB-2 NIW?
No regulation or form instruction lists one as required. You must submit an official academic record showing a U.S. degree or a foreign equivalent degree, and prove that equivalency. An evaluation is one way to explain it. The officer makes the final determination.
Does USCIS approve or recommend specific evaluation services?
The Policy Manual names none and requires none. It refers to “an independent credentials evaluator” or a school official with authority to make equivalency determinations. The Department of Education says it does not endorse any individual service or association.
Is a three-year bachelor’s degree enough for EB-2?
Not automatically. Matter of Shah held that a three-year course of study “is not equivalent” to a U.S. bachelor’s degree, which usually requires four years. Expect close review, and get a licensed immigration attorney’s advice if your eligibility depends on it.
Can I combine two degrees to meet the EB-2 degree requirement?
The regulation refers to “a foreign equivalent degree.” The Policy Manual’s passage on combined credentials concerns labor certification job requirements, not NIW petitions. Neither text says lesser credentials can be added together. Ask a licensed immigration attorney.
What if USCIS does not accept my evaluation?
The officer may give a questionable evaluation less weight. Depending on the record, USCIS may issue an RFE or NOID, or it may deny the petition. Under PA-2026-05 (August 5, 2026), it can deny without an RFE when required initial evidence is missing.
Have a foreign degree and want to know which EB-2 route it supports? Start with our free profile evaluation. Our petition team will tell you where your education evidence looks thin.
Related guides
This article is general information, not legal advice. Skycap Consultancy is a petition-preparation consultancy, not a law firm. Requirements and fees change; check the linked USCIS pages before filing.
