EB-2 & EB-3 Visa Attorneys in Philadelphia, PA

For many foreign-born professionals, one of the biggest challenges in the process of obtaining a visa isn't proving qualifications. It’s managing documentation. If your education comes from a system that doesn’t nearly align with U.S. degree standards, USCIS may need more than a credential agency’s letter to approve an EB-2 or EB-3 petition. At Henry & Grogan, we're here to help. We can assist you in collecting and organizing the necessary documents to pursue the right work visa. 

Our Philadelphia immigration law firm handles the full petition process: from PERM labor certification (ETA Form 9089) and I-140 immigrant petitions to adjustment of status, for individuals and the employers who sponsor them. Partner Michael S. Henry has worked extensively with regional healthcare employers to obtain labor certifications and alien worker visas for medical residents and hospitalists. Partner Devin E. Grogan has personally attended hundreds of USCIS interviews, giving her direct familiarity with how officers review credential documentation at the interview stage. Our team's know-how is yours to leverage.

Schedule a free consultation with our immigration attorneys to discuss your credentials and the strongest path to permanent residency. We serve Greater Philadelphia, Southeastern Pennsylvania, and neighboring states. Call us at (215) 568-1500.

How Does USCIS Evaluate Foreign Degrees?

USCIS measures foreign degree equivalency primarily by years of post-secondary study, not by academic rigor or a credential agency’s standalone opinion. 

Here are some general rules: 

• Four years of post-secondary education equals a U.S. bachelor’s degree
• Six years of post-secondary education equals a U.S. master’s degree

When USCIS adjudicates a specific credential, it references the AACRAO Electronic Database for Global Education (EDGE) as its benchmark.

What About Three-Year Bachelor's Degrees?

The three-year bachelor’s degree, which is standard in India, the United Kingdom, and Australia, is one of the most common eligibility complications. 

On its own, it doesn’t meet the four-year threshold. Combining a three-year bachelor’s with a one-year master’s reaches four years and may satisfy EB-3 skilled-worker requirements, but often falls short of EB-2 advanced-degree equivalency. A four-year bachelor’s paired with a two-year master’s totals six years and generally meets EB-2 requirements.

The Single-Source Rule

U.S. immigration law allows foreign degrees to be combined to meet the educational requirements for EB-2 or EB-3 visa categories, but there are important limitations on how this works.

The most significant is the single-source rule. This rule requires that when two foreign degrees are combined to equal a U.S. bachelor's degree, they must come from the same country's educational system; you cannot combine a degree from one country with a degree from another. Beyond that geographic requirement, the degrees must also be substantively related: the coursework from one degree must serve as a prerequisite or foundation for the other. Two unrelated degrees from the same country cannot simply be added together to meet the requirement. The combination must reflect a coherent, connected course of study in a single field.

For EB-2 specifically, there is an alternative path for applicants who hold only a bachelor's equivalent: five years of progressive post-baccalaureate work experience in the same specialty field can substitute for the advanced degree requirement. "Progressive" means the experience must show increasing levels of responsibility and depth of knowledge within that specific field over time. General work history across unrelated roles does not qualify.

Getting this classification right at the outset is critical. Filing under the wrong category because credentials were misclassified risks an outright denial. But the stakes go beyond a single application. Filing under EB-3 when EB-2 is actually available can add years, and in some cases decades, to the path to permanent residency. For nationals of India and China in particular, where visa backlogs are severe, the difference between EB-2 and EB-3 can be the difference between a realistic timeline and an indefinite one.

What Henry & Grogan Brings to Your Degree Equivalency Case

Many credential evaluation services stop at the letter. We build the full petition. 

Our attorneys can:

• Analyze your educational background against USCIS’s years-of-study framework
• Identify whether progressive work experience and degree equivalency under the Matter of Shah precedent support your category
• Assemble a documentation package that holds up under scrutiny, including responses to Requests for Evidence (RFEs) if USCIS raises questions after filing

When USCIS issues an erroneous denial or a case stalls in processing delays, our options don’t run out at the administrative level. Our partners have the necessary experience to pursue appeals.  

For employers in the Greater Philadelphia area, we handle both sides of the equation: the credential analysis for your foreign national employee and the employer-facing PERM and I-140 process. Michael S. Henry’s work with healthcare employers on H-1B petitions, labor certifications, and alien worker visas for medical residents gives us practical experience with the documentation demands employers face. 

FAQs About EB-2 & EB-3 Visas

My Foreign Degree Is Only Three Years; Can I Still Qualify for EB-2 or EB-3?

A standalone three-year degree typically doesn’t meet the four-year U.S. bachelor’s equivalent threshold. However, combining it with additional degrees may reach equivalency depending on the relationship between those credentials. 

For EB-2, holding a bachelor’s equivalent plus five years of progressive post-baccalaureate experience in the same specialty can still satisfy the advanced-degree requirement. EB-3 skilled-worker classification may also be available if you have at least two years of training or experience.

Does Work Experience Substitute for a Degree?

For EB-2, yes, in certain circumstances. A bachelor’s equivalent combined with five years of progressive post-baccalaureate experience in the same specialty field can satisfy the advanced-degree requirement. That experience must show genuine advancement in responsibility and knowledge, not just years in the field. For EB-3 professional classification, there’s no experience substitute. This is to say, the applicant must hold a bachelor’s equivalent degree.

Is EB-2 or EB-3 Faster for My Country of Birth?

It depends. EB-2 is often more backlogged than EB-3 for nationals of India and China. In some periods, EB-3 applications have moved faster, even though they carry a lower preference. The best classification to pursue depends on your country of birth, your credentials, and the current Visa Bulletin movement. Our attorney can model both paths before you file.

Can My Family Come With Me on an EB-2 or EB-3 Green Card?

Yes. The foreign national spouse and any unmarried children under age 21 of an EB-2 or EB-3 green card holder may accompany the principal applicant to the United States as derivative beneficiaries. They can apply for adjustment of status (Form I-485) alongside the primary petition.

What Should I Bring to My Free Consultation?

Bring your degree certificates, official transcripts, any credential evaluation letters you’ve already received, and documentation of your work history in your specialty field. If your employer is sponsoring the petition, bring any prior immigration filings or PERM audit correspondence. The more complete the picture at the first meeting, the more specific our assessment can be.

Partner with Henry & Grogan

Contact us to schedule a free consultation so a knowledgeable immigration lawyer can review the facts of your case and recommend a course of action. We represent clients in Greater Philadelphia, throughout Southeastern Pennsylvania, and in neighboring states. 

Call us at (215) 568-1500 to get started.

Not sure where to start? Your first conversation with us costs nothing.

Free Consultation