AAO : Indian MBBS Equivalent to American M.D.
Posted Jan 23, 2009
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In a non-precedent decision issued in January 2009, the U.S. Citizenship and Immigration Services (USCIS), through the Administrative Appeals Office (AAO), held that an Indian Bachelor of Medicine and Bachelor of Surgery (MBBS) degree is the equivalent of a U.S. Medical Doctor (M.D.) degree. This AAO decision reverses a trend by the USCIS to deny employment-based, second preference (EB2) I-140 petitions filed on behalf of certain doctors, claiming that the MBBS was simply a bachelor's degree and not a master's degree. The Murthy Law Firm has challenged this same issue for other doctors and this decision should be helpful. Our firm was not involved with the particular case before the AAO. The AAO's decision, though not binding under law, is certainly helpful for MBBS medical graduates from India.
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Background
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MurthyDotCom and MurthyBulletin readers were informed of this matter in our December 12, 2008 article, Indian Medical Degrees NOT EB2 Advanced Degrees, Per USCIS. As explained in that article, the USCIS has recently been denying I-140 employer petitions in the EB2 category for individuals with MBBS degrees, based upon the theory that the USCIS deems an MBBS as not being an advanced degree because it is not preceded by attainment of a baccalaureate degree. The USCIS's logic appears to have been faulty and failed to recognize that the MBBS degree has been found to be equivalent to a U.S. M.D. degree by the U.S. Department of Education, the Educational Commission for Foreign Medical Graduates, the U.S. Department of State, as well as numerous other pre- and post-graduate medical education accreditation bodies. The AAO's ruling on this matter, while not binding, is a positive step and, hopefully, will eliminate this particular problem.
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EB Category Must Follow Plain Language of LC
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As a preliminary matter, the AAO confirmed that the determination of the qualification for placement in a specific immigrant preference classification (EB2/EB3) rests solely with the USCIS. The approval of the labor certification (LC) by the U.S. Department of Labor (DOL) does not guarantee that the individual will meet the requirements of the requested classification. Notwithstanding this fact, the AAO stated that a long-standing line of case law precedent requires the USCIS to follow the clear terms included in a certified labor certification. The USCIS is not permitted to impose additional requirements by reading more into the plain language of an LC; going beyond its clear meaning.
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The EB2 category is defined in the Immigration and Nationality Act (INA) to include members of the professions holding advanced degrees or their equivalent. The regulations specify that an advanced degree is "any United States academic or professional degree or a foreign equivalent degree above that of a baccalaureate."
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MBBS Analyzed as Equivalent to M.D.
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In the case ruled on by the AAO, the petitioner is a hospital seeking to employ the beneficiary as an interventional radiologist. The beneficiary had attained an Indian MBBS degree, and completed all necessary U.S. requirements. He was licensed to practice medicine in the state where the petitioner was located.
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The petitioning employer stated in the LC, certified by the DOL, that the educational requirements for the occupation are an M.D. (Doctor of Medicine) or its foreign educational equivalent. The AAO reviewed three reliable educational evaluations that stated that the beneficiary's education was equivalent to a U.S. M.D. degree. They also reviewed the American Association of Collegiate Registrars and Admissions Officers (AACRAO) Electronic Data Base for Global Education (EDGE). As relates to the Indian educational system, the AAO explained that EDGE states that the MBBS is a level of education comparable to a first professional degree in medicine in the United States. The U.S. parallel degree includes the M.D. Thus, based upon this review, the AAO determined that the beneficiary's MBBS is equivalent to an M.D. degree from an accredited institution in the United States.
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The AAO reversed the denial of the I-140 petition and approved the EB2 classification petition for the medical doctor.
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Conclusion
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We at the Murthy Law Firm are pleased that the AAO has addressed this matter, as it is important to many International Medical Graduates (IMGs). The AAO has recognized that IMGs with MBBS degrees are clearly EB2, advanced-degree professionals. At this time, there still remain numerous I-140 denials resulting from this issue. The Murthy Law Firm is still actively working on such cases and assisting IMGs in having misguided adjudications reversed.