AAO H-1B Victory: Forensic Alcohol Criminalist

AAO H-1B Victory: Forensic Alcohol Criminalist

Camiel Becker writes: "I am writing to share a recent win I had at the AAO on an H-1B denial. The case involves an in-house Forensic Alcohol Criminalist for a California-based law firm. The California Service Center denied the H-1B petition, inter alia, on a finding that a three-year bachelor’s degree in a relevant field combined with more than ten years of progressive work experience did not equate to a four year US bachelor’s degree.  In its denial notice, the CSC repeatedly refused to consider an educational credential evaluation based on a combination of work experience and education.  The CSC claimed that pursuant to 8 C.F.R. 214.2(h)(4)(iii)(D)(1) educational credential evaluators can only evaluate foreign degrees and cannot grant college-level credit for training and work experience.  On appeal, the petitioner argued that the CSC misconstrued the regulatory framework and must consider an evaluation from a credible credential evaluation company that considers the equivalency of a combination of degree and work experience.  The AAO sustained the appeal and approved the petition."