Is a Bachelor’s Degree an “Advanced Degree” for EB-2 NIW?

One misunderstood aspect of the EB-2 National Interest Waiver process is how a petitioner can meet the “advanced degree” requirement without holding a master’s or Ph.D. The truth is, U.S. immigration law provides an alternate pathway. A person may qualify as an advanced degree professional with a bachelor’s degree and at least five years of progressive experience in the same specialty.

But not all combinations of degree and experience qualify. USCIS applies this standard carefully, and petitioners must understand what counts when relying on this route.

What Does “Eligibility” Mean in This Context?

Eligibility refers to whether a petitioner meets the basic legal threshold to be considered for a benefit. In the context of EB-2 NIW, one of the threshold requirements is that the person qualifies as an advanced degree professional. This can be satisfied either through a graduate degree or a U.S. bachelor’s degree (or foreign equivalent) plus five years of progressive post-baccalaureate experience in the specialty. Meeting this requirement only opens the door. Then, it allows USCIS to move forward with evaluating whether the waiver of the job offer and labor certification is justified in the national interest.

The Progressive Experience Must Follow the Degree

A common mistake in EB-2 petitions is submitting five years of experience without clearly showing that the experience occurred after completion of the bachelor’s degree. USCIS requires the experience to be post-baccalaureate. This means any years of work before the degree do not count toward this requirement.

In addition, the experience must be progressive. It should show advancement in complexity, responsibility, or specialized knowledge over time. Simply repeating the same tasks for five years will not meet the standard. This holds true even if the work is in the same field.

The Experience Must Be in the Same Specialty

USCIS examines not just the number of years, but the relevance of the experience to both the degree and the proposed endeavor. For example, someone with a bachelor’s degree in computer science and five years of work in software engineering may qualify under this rule. This applies when proposing to continue work in AI infrastructure or cloud architecture. But if that same person worked as a restaurant manager for five years, that experience would not be considered part of the same specialty. This is true even if the person now plans to return to a tech-related field.

This rule reflects the principle that advanced degree equivalency must be grounded in continuous, field-specific development.

What Does Not Qualify?

Progressive experience in a field that is unrelated to the degree or the proposed endeavor does not meet the requirement. A bachelor’s degree in chemistry, followed by five years in finance, would not be considered equivalent to a master’s degree in chemistry. The key question USCIS asks is whether the experience built upon the academic foundation of the degree. It should also lead toward the specific work being proposed.

USCIS determines this on a case-by-case basis, and the burden of proof lies with the petitioner. Even if the time requirement is technically met, submitting vague experience or failing to explain how the roles were progressive can result in denial. This occurs due to not proving eligibility.

Why It Matters for NIW Petitions

In labor certification–based EB-2 cases, the Department of Labor defines the job requirements. But in National Interest Waiver cases, USCIS must evaluate the person’s qualifications independently. If the petitioner is relying on the bachelor’s plus five years track, it is crucial to demonstrate that both the degree and the experience fit the occupation. This occupation should be at the heart of the proposed endeavor.

Petitioners should prepare detailed documentation of job duties, titles, dates, and progression, ideally supported by employer letters or internal HR records. USCIS is not just looking for time served. It is also evaluating whether the combination reflects a level of professional development comparable to a U.S. master’s degree.

Conclusion

The bachelor’s plus five years path can be a viable and legitimate way to meet the advanced degree requirement for EB-2 NIW. But this is only valid when used properly. Petitioners must show that their experience was progressive, field-specific, and clearly post-baccalaureate. Importantly, this path is not a loophole. It is a recognized equivalency under immigration law, but it demands careful documentation and a clear connection between the degree, the experience, and the proposed endeavor.

Understanding and meeting these expectations is a critical first step in building a strong and credible NIW case. If you’re planning to apply under the bachelor’s plus five years route, request a free eligibility evaluation to make sure your experience qualifies under USCIS standards.