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    IMMIGRATION                                                               MAY 15, 2026     |  The Indian Eye 41

            minimums,  not  to  retroactively  raise  Evaluations point out that, structurally,  on  EB-2  classification.  By  acknowl-  to qualify for H-1B classification as it
            the bar to a U.S. JD alone. The friction  the combination of a prior bachelor’s  edging  the  updated  EDGE  language,  meets  the  minimum  of  a  bachelor’s
            introduced by the revised EDGE lan-  degree and a three-year LLB in India  highlighting  the  LLB’s  role  as  a  first  degree to qualify as a specialty occu-
            guage should be addressed in the EB-2  is analogous to the U.S. pattern of an  professional law degree in India and as  pation. However, many Indian lawyers
            analysis under 8 C.F.R. § 204.5(k), rath-  undergraduate  degree  followed  by  a  the gateway to bar admission, aligning  with LLB degrees have also graduated
            er than by rewriting the Department of  JD, and that in both systems, the pro-  job requirements with that foreign pro-  with a Master of Laws (LLM) degree
            Labor’s  minimum  qualifications  after  fessional  law  degree  is  the  prerequi-  fessional  credential,  and  deliberately  from a US law school.
            the fact.                         site for bar admission. Even if USCIS  building a record of at least five years   An  Indian  lawyer  with  an  LL.M
                Petitioners  have  also  increasingly  adheres  to  EDGE’s  bachelor’s-level  of  progressive  post-baccalaureate  ex-  should be able to qualify under EB-2
            grounded their arguments in the bach-  characterization  for  level-equivalency  perience  within  the  framework  of  8  by virtue of this degree as well as for
            elor’s-plus-five-years prong of 8 C.F.R.  purposes, these evaluations help show  C.F.R. § 204.5(k), employers can con-  H-1B  classification.  Our  blog  deals
            §  204.5(k)(3)(i)(B).  If  USCIS  treats  that  the  overall  educational  and  pro-  tinue to obtain I-140 approvals for In-  more  with  the  lawyer  who  is  being
            the Indian LLB as equivalent to a U.S.  fessional  pathway  satisfies  the  EB-2  dian-trained attorneys despite this new  sponsored by a US employer with only
            bachelor’s degree, the path forward is  advanced-degree standard when com-  wave of RFEs.             an Indian LLB degree and the pitfalls
            to  demonstrate  that  the  beneficiary  bined with the required progressive ex-  Finally, employers petitioning for  associated with its unfortunate down-
            has  at  least  five  years  of  progressive  perience under 8 C.F.R. § 204.5(k).   H-1B classification on behalf of Indian  grade.
            post-baccalaureate  experience  in  the   The bottom line is that the EDGE  trained  lawyers  with  an  LLB  degree
            relevant legal specialty.         “downgrade”  of  the  Indian  LLB  has  should also structure the job require-  * Damira Zhanatova is an Associate at
                Agency guidance interpreting that  changed  how  many  I-140s  for  Indi-  ments  as  a  minimum  of  a  bachelor’s   Cyrus D. Mehta & Partners PLLC.
            provision  indicates  that  experience  an-trained lawyers are argued and re-  degree rather than a JD degree. The
            must  show  advancement  in  responsi-  viewed, but it has not closed the door  Indian  trained  lawyer  should  be  able
            bility  and  complexity,  such  as  moving   ________________________________________________________________________________________________________________________________________________________________________________________________
            from  junior  work  to  leading  complex  Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta
            matters,  supervising  other  profession-  & Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Com-
            als,  or  managing  key  client  relation-  mittee; former chair of AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary
            ships, rather than merely accumulating
            time.  Detailed  letters  of  experience   Committee, Appellate Division, First Department, New York; member of the ABA Commission on Immigration; board member
            from  prior  employers,  with  concrete   of Volunteers for Legal Services and board member of New York Immigration Coalition.  Mr. Mehta is the former chair of the
            descriptions of duties and progression,  Board of Trustees of the American Immigration Council and former chair of the Committee on Immigration and Nationality
            are therefore essential.          Law of the New York City Bar Association. He is a frequent speaker and writer on various immigration-related issues, including
                Many practitioners continue to use  on ethics, and is also an adjunct professor of law at Brooklyn Law School, where he teaches a course entitled Immigration and
            credential  evaluations  that  synthesize   Work.  Mr. Mehta received the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law
            EDGE  and  other  authorities  to  ex-  and the AILA 2011 Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation in the
            plain why an LLB pursued after a pri-
            or bachelor’s degree should be under-  immigration field. He has also received two AILA Presidential Commendations in 2010 and 2016.  Mr. Mehta is ranked among
            stood as a first professional degree in   the most highly regarded lawyers in North America by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked
            law in terms of structure and purpose.  in Chambers USA and Chambers Global 2019 in immigration law, among other rankings.

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