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EB-2 Advanced degrees & Experience

Submitted by admin on Feb 2nd 2009
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EB-2 Professionals with Advanced Degrees or Persons with Exceptional Ability   

The following persons fall under this category:

  • Foreign nationals of exceptional ability in the sciences, arts or business;
  • Foreign nationals that are advanced degree professionals; and 
  • Qualified alien physicians who will practice medicine in an area of the U.S., which is underserved.

The EB-2 classification includes: aliens who are "members of the professions holding advanced degrees or their equivalent" (that is, any degree above a baccalaureate degree or a baccalaureate degree with at least 5 years of progressive experience in the professions) and aliens who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States. The services should be sought by the employer in the US.

If you are a worker with exceptional ability in the sciences, arts, or business, you may apply to waive the requirement that you have a job offer if such a waiver would be in the national interest.

Exceptional Ability Aliens

In order to be classified as having exceptional ability in the sciences, arts, or business, the individual must provide documentation of at least three of the following:

  • An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;
  • Letters documenting at least ten years of full-time experience in the occupation being sought;
  • A license to practice the profession or certification for a particular profession or occupation;
  • Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;
  • Membership in professional associations; and
  • Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.

If the above standards do not apply to the petitioner's occupation, other comparable evidence of eligibility is also acceptable. The aliens in this group require that they have a degree of expertise above that are ordinarily encountered in their field. A labor certification is not required if the job offer requirement is waived.

Schedule A Occupations: Under the Department of Labor Schedule A, certain occupations do not require individual labor certifications. Such labor certifications are pre-certified. However, under Group II of Schedule A, the employer must submit the labor certification application to the USCIS with other documentation especially showing alien’s work over the preceding 12 months that required exceptional ability and the alien’s work in US require exceptional ability. Under Group II aliens of exceptional ability in the performing arts are also included. Under Schedule A Group II, evidentiary requirements are similar to that of the extraordinary ability evidentiary requirements of the first preference category.  In order to be classified as having exceptional ability in this category, the individual must provide documentation of at least two of the following in the field which certification is sought:

  • Receipt of internationally recognized prizes or awards of excellence in the field which certification is sought;
  • Membership in international associations;
  • Published material about the alien in professional publication;
  • Alien’s participation on a panel or individually as a judge of the work of others;
  • Alien’s original scientific or scholarly research contributions;
  • Alien’s authorship of published scientific or scholarly articles; and
  • Evidnce of display of alien's work at exhibitions in various countries.

Advanced Degree Professionals

A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) i.e. a Masters degree or higher and the alien possesses such a degree or the equivalent. In lieu of the Masters degree, the alien may use his/her U.S. baccalaureate degree or a foreign equivalent degree and at least 5 years of his/her progressive post-baccalaureate experience in the specialty. Under the regulations, evaluation of the alien’s education and experience to determine the equivalency of a bachelor’s degree is not allowed.

Please further note that in a liaison meeting with AILA in June 2007, the Nebraska Service Center is reported to have changed their stand about what is considered to be equivalent to a US Master’s degree for Employment-Based Category 2. Each petition and its supporting documentation are examined on a case-by-case basis and degree equivalencies are based on the evidence presented with the individual case. However, the below is provided as a general outline: 

  • U.S. master’s degree – as long as it is in the field required no additional documents would be required
  • 4 yr bachelor’s degree + 2 yr master’s degree (India) – with degrees in the same or related fields this will generally be considered the equivalent to a U.S. master’s degree with no additional documents required
  • 3 yr bachelor’s degree + 3 yr master’s degree (India) – with degrees in the same or related fields this will generally be equivalent to a U.S. master’s degree with no additional documents required
  • 3 yr bachelor’s degree + 1 yr postgraduate diploma + 2 yr master’s degree (India) with degrees in the same or similar field - this would generally be considered the equivalent of a bachelor’s degree plus one additional year of education so the beneficiary would also need to have 5 yrs progressive experience. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor’s degree it is possible that this would be considered the equivalent to a U.S. Master’s degree and there would be no need to establish 5 yrs progressive experience.
  •  3 yr bachelor’s degree + 2 yr master’s degree (India) – Generally this would be the equivalent of a bachelor’s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category
  • 3 yr bachelor’s degree + 2 yr master’s degree (India) + 5 yrs progressive, post-master’s degree experience – Generally the educational degrees would be determined to be the equivalent of a U.S. bachelor’s + 1 year and the beneficiary would meet the statutory requirement
  • 3 yr bachelor’s degree + 2 yr master’s degree + 1 yr postgraduate diploma (India) – Generally this would be the equivalent of a bachelor’s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor’s degree or the 2 yr master’s degree it is possible that this would be considered the equivalent to a U.S. Master’s degree and there would be no need to establish 5 yrs progressive experience.

The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty. The post baccalaureate experience should reflect increasing or advancing levels of responsibility and knowledge in the specialty. The profession should be an occupation for which a baccalaureate degree or its foreign equivalent is the minimum requirement for the entry in the field.

EB2 Eligibility

Submitted by Sam (not verified) on May 13th 2012.

Hi Rajiv,
Job requirement says BS in engineering + 5 years of exp. No alternatives mentioned in PERM.

Educational qualifications: B.Sc + AMIE (exempted Sec A based on B.Sc, done Section B) + M.Tech

Experience: 10 Years exp. post M.tech from previous employer and 2 years from current employer. Can this be classified under EB2 for the above job requirement keeping AMIE degree in view? Will there be any issue during I140 regarding the education?

Regards,
Sam

EB2 Eligibility

Submitted by Rajiv S. Khanna on May 16th 2012.

I think this could be problematic.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Will i qualify for EB2

Submitted by Sunil (not verified) on May 7th 2012.

Hi Rajivji,

Here are my education qualifications
Diploma in Engineering 3yrs
B.Tech Engineering 3 yrs ( based on diploma credits - admission directlty to the 2 nd year of engineering)
7 yrs US exp with the currnet employer
3 years previos US experience
3 years indian experience
13 yrs exp Total
Filed EB-3 in 2007 with the current employer and 140 approved.
currently on my 10 th year of H1
Now my current employer is ready to apply GC under EB2.
Can I qualify ? Need your opinion.
If so, before going to my attorney, want to do my detailed education
evaluation.where can i do it, suggest some

Will i qualify for EB2

Submitted by Rajiv S. Khanna on May 12th 2012.

EB2 certainly looks possible. I do not think education evaluation is a major issue here. Speak with your lawyers first.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

EB Category

Submitted by Srini (not verified) on May 7th 2012.

Hi Rajiv,
I have Bsc Computer Science(3 Yrs)+MCA(3 yrs) from India. Curreblty on L2-EAD. Applying for H1 B this year. Am I eligible for EB2 in my green card process? Is there any thing else I should be aware in order for my case to process in EB2? Appreciate your help.
Thanks
Srini

EB Category

Submitted by Rajiv S. Khanna on May 12th 2012.

You should be eligible for EB2 if your MCA is from a university. Rest needs to be handled by your lawyers.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

EB2 based on Academic evaluation

Submitted by Rashi (not verified) on May 7th 2012.

I have following qualification:

1) 4 yrs B.Tech(British Columbia Open University-Accredited university per evaluation report) in collabration with Aptech Ltd, India. Transcript shows that 78 out of 120 are trasnfer credits. Attorney's concern is that we don't have document for credits that are transferred. These credits are transfered for computer courses taken from Aptech. It make EB2 risky.
2) 2 yrs Post Graduate diploma from Pune University, India
3) After Post graduate diploma 1 yr Master in Computer Management from Pune University, India

Which category I should go for GC?

EB2 based on Academic evaluation

Submitted by Rajiv S. Khanna on May 12th 2012.

Your evaluation will dictate where you can go. It looks like EB2 may be possible if you have 5 years of experience after your Master's.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

EB2 Job Description

Submitted by schintala (not verified) on May 4th 2012.

Hi Rajiv,
Job requirement says BS in engineering + 5 years of exp. No alternatives mentioned in PERM.

Educational qualifications: Diploma + AMIE + M.Tech

Experience: 7 Years exp. post M.tech from previous employer and 5 years from current employer. Does this can be classified under EB2 for the above job requirement keeping AMIE degree in view.? Would it be any issue during I140 regarding the education? Any comments??

Thank you.

EB2 Job Description

Submitted by Rajiv S. Khanna on May 6th 2012.

The AMIE is iffy. In fact I recall an AAO decision that said they will not recognize AMIE, but then a more recent decision was a bit more wishy-washy. Anyhow, I think an EB2 must be tried. The MTech will help.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

EB2 Eligibility

Submitted by Guest (not verified) on May 2nd 2012.

I have a 2 years of Computer Science Bachelors (BCS) followed by a 2 years of Commerce Bachelors (B.Com) from abroad and 10 + years of post baccalaureate work experience in IT outside US, I am in US for 3 years now, I did my Masters (MBA) here after that working for the last 13 months in the IT filed first on OPT and now on H1B with a recruiting firm.

My current position requires a bachelors or higher degree, so my recruiter is willing to apply for my GC in EB2 category.

Keeping in view the above facts and to avoid a denial or RFE what is the best scenario my case should be put forward f

EB2 Eligibility

Submitted by Rajiv S. Khanna on May 6th 2012.

Get a lawyer. Your employer needs to understand the importance of telling the truth. The PERM papers require meticulous honesty. The employer is, of course, allowed to make good faith presentation of their expectation, but never beyond the boundaries of the truth. So, get a lawyer.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

EB-2

Submitted by Guest (not verified) on May 1st 2012.

My employer has agreed to file green card under EBi2. I am looking for a good lawyer to handle my case. My situation is do i qualify for eb2 under following situation.

3 years bachelors from nepal
2 years master degree from US

Thank you

EB-2

Submitted by Rajiv S. Khanna on May 2nd 2012.

If your Master's degree is accredited (see my blog for the criteria -- there is a video), EB2 should be possible.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

EB2 Eligibility

Submitted by Vickyy (not verified) on Apr 30th 2012.

4 yr BS final year exams (India) in May 1997 and results were out on 19 July 1997. Transcript has result date and details of subjects with grades.
The degree certificate, has content- The degree is awarded for passing examination in summer 1997. But bottom of the certificate has certificate Dated - September 14th 1998. what date should be considered for calculating work experience? With the date of passing of exams, experience is 5 yrs and 6 months years. However from date of degree issued its 4 years and 6 months. Am i eligibale for EB2?

EB2 Eligibility

Submitted by Rajiv S. Khanna on May 2nd 2012.

You need a letter from the school stating when all requirements for the degree were completed. As I recall, that is the law. Have your lawyers do some research. I think your exp. should count after summer 1997.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

EB-2 with 3+2

Submitted by Lax (not verified) on Apr 30th 2012.

Dear Rajiv, I have a 3 year bachelor degree and 2 yr full time post graduate diploma and more than 5 years experience. I want to ask if I can apply in EB-2 under BS+5. Educational eval done by another co. said that the "combination" is equivalent to US bachelors. Do you think this case has merit in EB-2 ? Please comment.

EB-2 with 3+2

Submitted by Rajiv S. Khanna on May 2nd 2012.

It seems possible to go for EB2. The key is whether the diploma is properly evaluated.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

The Post Grad Diploma

Submitted by Lax (not verified) on May 4th 2012.

The Post Grad Diploma was evaluated by both AACRAO and another eval co. that referred to the EDGE database and evaluated it as equivalent to US bachelors. Will that be considered an appropriate eval or should something additonal be done?

The Post Grad Diploma

Submitted by Rajiv S. Khanna on May 6th 2012.

Until USCIS has a change of "mood," EDGE is the way to go.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Thank you Rajiv.

Submitted by Lax (not verified) on May 8th 2012.

Thank you Rajiv. However my question is if the ed eval should evaluate the PG diploma as the "single" source equivalent to US bachelors or should it evaluate the 3+2 in "combination" as US bachelors ? Which language in the ed eval has better chance - the single or combination "language" ?

Thank you Rajiv.

Submitted by Rajiv S. Khanna on May 12th 2012.

If you want to apply for EB2, I think a 3+2 eval is the way to go.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Evaluating EB-2

Submitted by Lax (not verified) on May 23rd 2012.

Dear Rajiv, My co. lawyer says that 3 yr bachelor and 2 yr full time PG diploma will not qualify as EB-2 under the AILA classified EB-2 categories of 3+2 as that requires a 2 yr masters after 3 yr bachelors. Although the PG diploma is from a top 10 MBA institute like IIM that does not provide a "Masters" but it is a 2 yr full time PG diploma in mgmt. My Q is that if it is a 2 year full time course done after 3 yr bachelors should that not be considered like a " masters" as needed in the EB-2 classification ? Does USCIS look at PG diploma different from masters in evaluating EB-2 ? please help.

Evaluating EB-2

Submitted by Rajiv S. Khanna on May 23rd 2012.

Set up a consultation with our office. I will explain. http://www.immigration.com/contact

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Qualifying for EB2

Submitted by BJ (not verified) on Apr 29th 2012.

Hi there,
Filing for PERM,company's lawyer said i qualify for EB3 not EB2,due to timing of promotion
5yrs of exp. with same company:
B.Sc from US college(12/2006)
jr. level(02/07-08/09)
sr. level(09/09-08/11)
manager(09/11-present)
because i was promoted less than 5yrs after BSc,cant qualify for EB2,i would believe that job is 50%,
No managerial responsibility in jr/sr role.
Job requires min BSc and 5 yrs exp.
Only way to get into EB2 is to get another promotion within this year. Not sure to file EB3 now and then EB2 if i get another promotion.
H1B expiring in 09/13.
Thank

Qualifying for EB2

Submitted by Rajiv S. Khanna on May 2nd 2012.

You need a consultation with your own lawyers or with us. Someone needs to review your work history in detail.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

I-140 SII - EB2

Submitted by Ravi (not verified) on Apr 27th 2012.

Hello Rajiv,

How are you?

I have a question with regard to my eb2 application, I have a 3 yr degree(CS) and 2 yr masters(IT) from India. My 1st I140 case was filed at TSC and it got approved as my education was evaluated as equivalent to US bachelors and US Masters from AACRAO and now my company is merged and we filed 2nd I140 SII in NSC on Oct 2011 till now my case is pending.

Do u think my case will have a problem cause NSC is very strict with 3yr degree? And what exactly they check when we do SSI amendment do they also see education apart from the companyB financial background.

Ravi

EB2 Eligibility

Submitted by Guest (not verified) on Apr 27th 2012.

Hi Rajiv,
My educational qualification is B.E(Mech). I have 5+ years of experience in software development field.

Experience:
Company A(India) Dec 2006 - Nov 2010
Company A (US) Nov 2010 - Till date

Am I eligible for EB2?

EB2 Eligibility

Submitted by Rajiv S. Khanna on May 2nd 2012.

If the current employer can promote you in future, EB2 is a possibility.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

EB2 eligibilty

Submitted by Rajeev Jha (not verified) on Apr 26th 2012.

Hi Rajiv,

Following are my education and experince:
1996 - B.Sc Maths (H) - India
2000 - 2 years Advance Diploma in Computer Application - Tata Infotech Delhi
2002 - MCA from IGNOU
Experiance - 12 years in Software Industry

Should i consider myself for EB2 Green Card?

Thanks in advance

EB2 eligibilty

Submitted by Rajiv S. Khanna on Apr 27th 2012.

If the MCA is a three-year, university degree, you will qualify for EB2.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

EB2 Eligible

Submitted by Saagar (not verified) on Apr 20th 2012.

Dear Rajiv,
I have 3 years diploma + AMIE and M.Tech in mech. Engg. I got 3 years exp. from prior employer and 3 years with current employer. Am I eligle to file under EB2 as my degree is AMIE. Not sure, does it matter as I had M.Tech.

EB2 Eligible

Submitted by Rajiv S. Khanna on Apr 20th 2012.

Have your lawyers research if the AMIE can raise your Bach. to a 4-years degree. If yes, EB-2 could be possible.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

EB2

Submitted by Guest (not verified) on Apr 19th 2012.

Im on an H1B visa with current employer. If i am offered a job with another employer for a position that has already been advertised for 2 months, would the new employer be able to use the same position to make a EB2 GC application as soon as Im employed? The advertised position's mimimum requirements and my degrees and experience are eligible for EB2. If they cant use the already advertised position for the PERM, what should they do?

EB2

Submitted by Rajiv S. Khanna on Apr 20th 2012.

PERM ads have some quirky features. Real-world advertising may or may not work. Have your lawyers assess.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

EB2 eligibility

Submitted by Guest (not verified) on Apr 19th 2012.

When a job description requires bachelors plus 7 years experience and notes that a PhD is preferred, and I have a Master's and a PhD and 3 years of experience, will my advanced degrees compensate for the deficit in experience if I were offered the job and the employer was willing to make a EB2 GC application?

EB2 eligibility

Submitted by Rajiv S. Khanna on Apr 20th 2012.

Typically, a PhD can be equal to as much as 5 years of experience (as far as I can recall from memory). It looks like a possibility. Have your lawyers look it over.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

French Citizen qualify for EB-2

Submitted by Guest (not verified) on Apr 17th 2012.

Hi,

I am a French citizen, I obtained a Master's of Science in Computer Science degree from a French institution (3 year Bachelor's + 2 year Master's) and I have been working for a US company for a year as a software engineer.

Do you think I would qualify for the EB-2?

Thanks for your help.

French Citizen qualify for EB-2

Submitted by Rajiv S. Khanna on Apr 18th 2012.

If you possess 5 years of relevant experience after your Master's, you should qualify for EB2.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

EB-2 Qualification

Submitted by Monty (not verified) on Apr 15th 2012.

Hey Rajiv:

I would appreciate your feedback on my case

Education:
BSc Compter science (3 years Mumbai, India), 2002
PGDBA: Post graduate diploma in business administration (1 year London, UK), 2004
OCP: Oracle Certified Professional 9i & 10g, 2008
PMP: Project Management Professional, 2011

Work Experience:
Total 7 years 6 months (4 years in India, 3.5 years US (current employer))

Never got any educational evaluation done.

What are your thoughts? Would be qualified for EB2? Will Educational evaluation help to make it work?

I would really appreciate your response.

Thanks
Monty

EB-2 Qualification

Submitted by Rajiv S. Khanna on Apr 18th 2012.

Monty, the PGDBA and then the possibility of a promotion with current employer (or a change of employers) will decide whether or not EB2 is possible. Have your lawyers get an evaluation of the diploma and the degree, and then assess the rest.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

EB-2 eligibility

Submitted by Vedant (not verified) on Apr 10th 2012.

Hello.

I have a Bsc. In engineering in the US (2006) and have 5.5 years of finance experience within the same company after school. My employer filed for a GC but the lawyers placed me as an EB3. If I should my new role the past 3 months is 50% different can I be moved to EB2?

Thanks.

EB-2 eligibility

Submitted by Rajiv S. Khanna on Apr 10th 2012.

EB-2 is possible if you have a job now or in the future that is more than 50% different than what you have done so far for this company.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Thanks for your advise!

Submitted by Vedant (not verified) on Apr 10th 2012.

Thanks for your advise!

3 years bachelors + 11 years of experience in IT

Submitted by Mohammed (not verified) on Apr 9th 2012.

I have a B.COM from India and 11 years of work ex in the IT industry. i am currently in the US on H1B.
Am I eligible for EB2 GC processing?

3 years bachelors + 11 years of experience in IT

Submitted by Rajiv S. Khanna on Apr 10th 2012.

It is highly unlikely that you can qualify for EB-2, unless you possess unique qualifications/recognition in your profession.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Applying for EB-2

Submitted by Guest (not verified) on Apr 9th 2012.

My first term of H1B experiences in Aug 2012. My employer is applying for the extension. I wanted to start my GC process simultaneously but he wants to wait till my H1B extension is approved.I wanted to know if delaying this process will keep me behind or should I apply for it now.

Applying for EB-2

Submitted by Rajiv S. Khanna on Apr 10th 2012.

I am assuming the word "experiences" is a typo and that you mean "expires." As a general rule, you should apply for green card ASAP.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

EB2

Submitted by Guest (not verified) on Apr 7th 2012.

I have bachelors in physical therapy ( 4 and 1/2 years)from India and have 1 and 1/2 year experience in India and 3 and 1/2 years in USA.Can I file under EB2

EB2

Submitted by Rajiv S. Khanna on Apr 8th 2012.

EB2 may be possible.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

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