Indian Educational Accreditation Issues
Posted Jan 09, 2009
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In the context of the Immigrant Petition for an Alien Worker (Form I-140), it is necessary to establish that the foreign worker possesses the education required for the job. If the beneficiary was educated outside of the United States, in most cases, it is necessary to establish that the degree is the equivalent of the required U.S. degree. One obstacle to approval is the USCIS's concern as to whether the foreign degree was awarded by an accredited institution. We at the Murthy Law Firm have successfully obtained I-140 approvals even when the USCIS alleges that the proper degree is lacking due to the institution's not being accredited.
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Educational Credentials within the Green Card Filing
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Filing the I-140 is the second step in most employment-based, permanent residence (green card) cases, following the approval of the labor certification (LC). The LC specifies the education required to perform the job duties. The evaluation of foreign educational credentials is important in the employment-based immigration process.
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Evaluation of "Foreign Equivalent Degree"
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The regulation defining the proof needed to support the I-140 petition refers to the sponsored foreign national having a U.S. degree or "a foreign equivalent degree." When the sponsored worker has a foreign degree, it is necessary to establish that it is the equivalent of the required U.S. degree/s. In some countries, there is a governmental agency with responsibility for evaluating equivalency of foreign academic credentials. In the U.S., all degree equivalencies are completed by private entities. Many U.S. evaluators are members of professional organizations with ethical standards that govern membership. These standards generally are not binding and the quality and reputation of a particular evaluator depends upon the work record established over time. Thus, the USCIS is not bound by the opinion of any particular evaluator.
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School Accreditation : Issues within India
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The USCIS has stated that, regardless of the determination by a professional credential evaluator, if a degree awarded by a particular Indian institution of higher education is not from an accredited institution, it is not equivalent to a U.S. degree. The problem with this USCIS position lies in the way in which universities are accredited in India. The USCIS often looks to the website of the University Grants Commission (UGC) in cases involving degrees from India, to see whether the particular university is on that list of schools. If the school is listed, then the USCIS treats it as an accredited institution. If, however, the university or college is not listed on the UGC site, the USCIS generally concludes that it is not accredited and the education cannot be equivalent to a U.S. degree. There has been some success in addressing this matter by providing evidence of a university's accreditation by other agencies. In India, these may include the All India Council on Technical Education or the National Assessment & Accreditation Council.
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Problem in Evaluating "Foreign Equivalent Degree"
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The problem with the USCIS's relying heavily on the UGC website is that it is a small part of the picture, applicable only within a limited timeframe. It does not address whether the institution is authorized to award degrees. The Indian higher education system is centuries old, with an overwhelming number of the country's major universities established during the course of Great Britain's colonial rule. Just as in the United States, accreditation alone does not determine whether a certificate for completion of a course of study is a degree that should be recognized as such.
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UGC : Indian Institutions of Higher Education
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The authority of an Indian institution of higher education to award a degree can derive from several sources, having nothing to do with any accreditation of the educational institution. In India, many colleges and universities were established before the creation of today's UGC, and thus, their authority to award degrees derives from other sources. The UGC Act of 1956 was enacted by the Indian Parliament to address the need of the country to encourage higher quality in higher education. It does not limit or override the authority of a university created by an Act of Parliament or State Act legislation passed by one of India's 28 states or seven union territories. Many of the colleges or universities operating in the twenty-first century were established before India became independent. Their legal authority to award degrees comes from laws preceding the UGC.
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States Establish and Recognize Universities and Degrees
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The UGC is authorized to deem an institution a university and, therefore, authorized to award degrees. However, a university may also be created, for example, by a State Act and, thereby, be authorized to issue degrees without UGC authorization. For example, the Maharaja Sayajirao University of Baroda was established by an Act of the Princely State of Baroda on April 30, 1949, which gave it the authority to award degrees to its students. This university was not accredited by any Indian government agency until May 2001. Despite the passing of more than fifty years, under Indian law the degree awarded by the Maharaja Sayajirao University of Baroda has always been a degree as a matter of law. The Indian Parliament made clear in the UGC Act that this Act of Parliament did not limit or question the authority of institutions created by Central Act or State Act to operate in their capacity as universities awarding degrees.
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U.S. Institutions of Higher Education
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In the United States, accreditation is required by the state and federal government for different reasons, but accreditation alone does not give an institution the authority to award degrees. Accreditation is used to ensure the quality and rigor of an academic program. The word "degree" is a term of art with a legal definition that can vary by state. It is the state that enacts laws prohibiting using a certificate awarded by a university or college for employment or educational reasons unless the school is accredited. In fact, some states actually make it a crime to call a certificate a degree if it was awarded by a non-accredited school. A state might also allow a school to operate within its own borders without national accreditation. In such an instance, a graduate would not be permitted to present the earned certificate as a degree outside of that state.
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Conclusion : Overcoming Challenges of Foreign Degree Accreditation
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Successfully overcoming a challenge to the accreditation of a foreign degree requires a review of the higher education system of the particular country. The accrediting agencies and authority of the university to award a degree should be identified and analyzed. Given the difficulties that can arise, using the services of a reputable professional evaluator, who is knowledgeable in such matters, can be invaluable. It is important to present the USCIS with the best evidence available, particularly in situations where a past concern has been raised, as in the case of Indian degrees. When the USCIS gives an I-140 petitioning employer the opportunity to address a concern regarding accreditation, it is critical that it be addressed in detail, given the possibility of a denial on this ground alone. We at the Murthy Law Firm have successfully responded to Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) on the complex issue of accreditation.