Great News!  The AAO reaffirms that MBBS (foreign medical) degree is an advanced degree and equivalent to a U.S. medical degree! On January 9, 2009 the Administrative Appeals Office of USCIS issued an opinion in the case of an EB2 I-140 petition filed by Norman Regional Hospital on behalf of Dr.Gautam Dehadrai which reaffirmed that MBBS degrees issued by many countries are advanced degrees and are equivalent to the degree of doctor of medicine (M.D. degree) awarded by U.S. educational institutions.  Thus, holders of such degrees are eligible for EB2 employment-based second preference immigrant visa classification once again.

Great News!  The AAO reaffirms that MBBS (foreign medical) degree is an advanced degree and equivalent to a U.S. medical degree!

On January 9, 2009 the Administrative Appeals Office of USCIS issued an opinion in the case of an EB2 I-140 petition filed by Norman Regional Hospital on behalf of Dr.Gautam Dehadrai which reaffirmed that MBBS degrees issued by many countries are advanced degrees and are equivalent to the degree of doctor of medicine (M.D. degree) awarded by U.S. educational institutions.  Thus, holders of such degrees are eligible for EB2 employment-based second preference immigrant visa classification once again.

As many of our readers are aware, there was a recent disturbing trend at the Texas Service Center among some officers to deny I-140 EB2 petitions for physicians, holding that the MBBS degree was not an advanced degree as required by statute for EB2 petitions and that it was not the equivalent of the M.D. degree awarded by U.S. educational institutions. 

We trust that the USCIS will reopen on its own motion all denied cases and will join in motions to remand those cases on appeal to the AAO which involve this issue.  We will provide further updates to our readers on how to proceed to notify USCIS of a denied case either appealed or not appealed.  While not designated as a precedent decision, we are optimistic that the decision will be followed by all USCIS Service Centers.

We want to thank all the USCIS officials at USCIS Headquarters, the Administrative Appeals Office of USCIS and the Texas Service Center who responded quickly and effectively when this issue was brought to their attention. 

Hats off to attorney Vance Winningham on this wonderful victory.  The decision can be accessed at http://bibdaily.com/pdfs/AAO%201-9-09%20degree%20equiv%20EB-2.pdf.