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    IMMIGRATION                                                               MAY 15, 2026     |  The Indian Eye 40

                      Navigating the Downgrade of the Indian

              LL.B in Green Card Sponsorships for Lawyers

            BY CYRUS D MEHTA AND DAMI-  in  employment-based  second   ed States,” while also noting,   and argue that it should like-  likely to apply the bachelor’s-
            RA ZHANATOVA*              preference  (EB-2)  cases  for   in the author comments, that   wise cover law. However, given   plus-five-years  track  laid  out
                                       foreign  lawyers,  particularly   this credential “functions as a   the current LLB wording, that   in 8 C.F.R. § 204.5(k)(3)(i)(B).
                  ver the last few years,   where earlier credential evalu-  first professional degree in law   is a weak argument today and   That  approach  is  consistent
                  many  U.S.  employ-  ations had treated the LLB as   in India”. The LLB degree can   unlikely to be persuasive on its   with the regulation’s text, but
            Oers  sponsoring  Indi-    JD-equivalent.  This blog ex-  be  attained  after  three  years   own. The qualifiers “functions   it  requires  petitioners  to  pay
            an-trained lawyers for perma-  plains what is happening, why   or  four  years  of  college  fol-  as” and “in India” signal that   close  attention  to  how  they
            nent  residence  have  begun   USCIS  is  issuing  RFEs,  and   lowed by three years of study   EDGE is deliberately not say-  document both education and
            seeing  a  new  kind  of  I-140   how careful framing of the job   in a law college or the LLB is   ing that the LLB is compara-  experience.
            Request for Evidence (RFE).   requirements and the benefi-  also  attained  after  five  years   ble to a first professional law   At  the  same  time,  re-
            The  problem  is  not  usually   ciary’s credentials can still lead   of study in a law college after   degree in the United States.  sources   like   AACRAO
            the  lawyer’s  experience,  bar   to I-140 approval.   twelve  years  of  high  school.   In  the  EB-2  context,  the   EDGE are not binding sourc-
            admission,  or  the  substantive   The EDGE update mat-  Both the three year and five-  core legal standard is set out   es  of  law.  Officers  are  ought
            need  for  foreign  law  exper-  ters  because  USCIS  officers   year  LLB  degrees  have  been   in the regulations at 8 C.F.R.   to treat such tools as aids, but
            tise.  Instead,  the  RFE  often   often consult EDGE to eval-  downgraded  by  EDGE  as   § 204.5(k). Under that provi-  to  base  final  determinations
            focuses almost entirely on how   uate  foreign  educational  cre-  being comparable to a bache-  sion, an I-140 can be approved   on the totality of the evidence
            AACRAO  EDGE  now  clas-   dentials.  In  older  cases,  cre-  lor’s degree in the US.  RFEs   for a “member of the profes-  and  the  regulatory  standards
            sifies  the  Indian  Bachelor  of   dential evaluations concluded   have  begun  quoting  only  the   sions  holding  an  advanced   in 8 C.F.R. § 204.5(k). Where
            Laws (LLB) degree.         that a three-year Indian LLB,   “bachelor’s-degree-equiva-  degree” if the beneficiary has   a foreign degree is only at the
                Sometime  around  2022,   earned  after  a  prior  bache-  lent”  language  to  argue  that   either an advanced degree (or   bachelor’s  level,  adjudicators
            EDGE  updated  its  guidance   lor’s degree, was equivalent to   a  beneficiary  does  not  have   a foreign equivalent) or a U.S.   must  examine  whether  the
            to  treat  the  Indian  LLB  as   a U.S. JD. Now, the updated   the equivalent of a U.S. JD or   bachelor’s  degree  (or  a  for-  record establishes at least five
            comparable in level to a U.S.   EDGE  entry  states  that  the   “equivalent  professional  de-  eign equivalent) followed by at   years of progressive post-bac-
            bachelor’s degree rather than   Indian Bachelor of Laws “rep-  gree” that the officer believes   least five years of progressive   calaureate  experience  in  the
            a  U.S.  first  professional  law   resents  attainment  of  a  level   the  position  requires,  while   post-baccalaureate experience   specialty, rather than allowing
            degree  (JD).  That  shift  has   of education comparable to a   ignoring the “first professional   in  the  specialty.  The  regula-  EDGE alone to determine the
            created serious complications   bachelor’s degree in the Unit-  degree” function in the Indian   tion  explicitly  recognizes  that   outcome.
                                                                      legal system.           a  foreign  degree  equivalent   In  practice,  effective  re-
                                                                          That  EDGE  lan-    to  a  U.S.  bachelor’s  degree   sponses to the Indian LLB-re-
                                                                      guage  places  the  Indian   plus  five  years  of  progressive   lated RFEs have emphasized
                                                                      LLB  in  a  very  different   experience can satisfy the “ad-  several  key  points.  One  key
                                                                      position   than   certain   vanced  degree”  requirement,   point  is  the  distinction  be-
                                                                      other  Indian  profession-  even if the foreign degree itself   tween  EDGE’s  “level”  de-
                                                                      al  degrees.  For  example,   is not equivalent to a U.S. mas-  scription and the LLB’s actual
                                                                      EDGE’s  entry  for  the   ter’s or JD.             professional  function.  Even
                                                                      MBBS states: “The Bach-    Agency  guidance  inter-  if  EDGE  now  describes  the
                                                                      elor of Medicine & Bach-  preting 8 C.F.R. § 204.5(k) re-  LLB as comparable to a U.S.
                                                                      elor of Surgery represents   iterates that where the foreign   bachelor’s  degree,  the  same
                                                                      attainment  of  a  level  of   education is found to be only   entry  acknowledges  that  it
                                                                      education comparable to   equivalent to a U.S. bachelor’s   functions as a first profession-
                                                                      a first professional degree   degree, the petitioner may still   al degree in law in India. Pe-
                                                                      in medicine in the United   satisfy  the  advanced-degree   titioners  substantiate  this  by
                                                                      States.”  In  other  words,   standard  by  documenting  at   submitting  evidence  that  the
                                                                      for  medicine  EDGE  is   least five years of progressive   LLB is the credential required
                                                                      willing  to  say  directly   post-baccalaureate experience   for enrollment as an advocate
                                                                      that the foreign degree is   in  the  specialty  occupation.   with  an  Indian  bar  council,
                                                                      comparable to a U.S. first   That guidance further explains   and that without it, an individ-
                                                                      professional  degree.  For   that  “progressive”  experience   ual cannot practice law in that
                                                                      law,  it  stops  short,  say-  must  reflect  increasing  levels   jurisdiction.  Enrollment  cer-
                                                                      ing  the  LLB  “represents   of  responsibility,  complexity,   tificates  and  bar-council  doc-
                                                                      attainment  of  a  level  of   and judgment over time, rath-  umentation  demonstrate  that
                                                                      education   comparable   er than simply time served in   the LLB is, in fact, the profes-
                         m of                                         to a bachelor’s degree in   an unchanging role.    sional law qualification in the
                                                                                                 This is where the EDGE
              CYRUS D. MEHTA & PARTNERS PLLC                          the  United  States”  and   shift  collides  with  long-stand-  foreign  system,  not  a  generic
                                                                                                                         academic credential.
                                                                      only  that  it  “functions
                                                                                                 as  a  first  professional   ing  EB-2  standards.  When   Another key point is the

                 degree  in  law  in  India.”  credential  evaluators  previ-  importance  of  the  certified
                                                                          The  situation  for   ously  described  the  LLB  as   job  requirements.  Where  the

                                LLBs from India has re-  JD-equivalent,  many  EB-2   labor  certification  permits  an

                        mained unsettled as a re-  filings for Indian-trained law-  LLB  or  an  “equivalent  pro-

                                                                      sult.  One  theoretical  ap-  yers  were  framed  as  if  the   fessional  degree”  among  the
                                                                      proach is to try to extend   beneficiary  already  held  a   acceptable qualifications, US-
                                                                      the  “First  Professional   foreign  professional  law  de-  CIS’s  role  at  the  I-140  stage
                                                                                                                         is  to  determine  whether  the
                                                                                              gree at the U.S. graduate lev-
                                                                      Degree”  language  that
                                                                      EDGE applies to Indian   el. With EDGE now labeling   beneficiary possesses that for-
              2              6th Floor

                    credentials  in  fields  like   the  LLB  as  bachelor’s-level,   eign  professional  law  degree
                                                                      medicine  and  dentistry   adjudicators  are  much  more   and  any  other  DOL-certified
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