Frequently Asked Questions - EB2 Green Card

  1. EB-2 Visa for a Veterinary Assistant
  2. Contacting USCIS when EB-3 is Changed to EB-2
  3. Green Card Eligibility Under EB-2 Classification
  4. Completed Master's Degree in One Year
  5. Qualifying Degrees for EB-2
  6. Trying for EB-2
  7. Eligible for EB-2
  8. Restart the green card under EB-2 category
  9. Avoiding PERM through EB-2 category
  10. EB2 Master's equivalency and employer
  11. EB-3 to EB-2 with the same employer
  12. Am I eligible for EB-2 or is it too early for green card
  13. Do I qualify for EB-2 ?
  14. Chances to get EB2 with B.Sc.
  15. EB-2 experience
  16. Switching Jobs after I-140 approval
  17. Green Card Expenses
  18. EB-2 Question
  19. Job description for the EB-2
  20. Perm process during OPT
  21. EB-3 category
  22. Can I apply GC in EB-2 category?
  23. Am I eligible for EB2?
  24. EB-2 category eligibility
  25. EB-2
  26. EB-2 eligibility
  27. Accredited degrees
  28. Can I change jobs and file PERM and I-140 under EB-2
  29. EB-2
  30. Job Change after I-140
  31. Filing EB-2
  32. Eligibility for EB2
  33. EB2 Eligibility
  34. EB3 to EB2 Portability
  35. EB2 qualification with MS
  36. Masters in Computer Science and EB2 eligibility
  37. Regarding GC application after PhD
  38. Can EB3 PD be carried to new EB2?
  39. EB2 - Eligibility
  40. EB2 Schedule A question
  41. EB2 Qualification
  42. EB-2 with ChE MS + 2 yrs exp
  43. EB2 eligibility
  44. EB-2 with three years bachelor's degree
  45. EB2 or EB3
  46. GC Processing and EB2
  47. EB2 and Clinical Specialist
  48. EB2 Eligibility
  49. EB2, volunteer work counted as an experience?
  50. EB2 eligibility
  51. If one has an approved I-140
  52. GC and EB2
  53. EB2 eligibility for advanced degree occupational therapist
  54. EB2 Priority Date Cross Changeability...
  55. EB2 for a State job
  56. EB2 with online masters degree
  57. EB-2
  58. PERM is approved under EB2
  59. EB2
  60. EB-2 Eligibility
  61. Cross chargeability
  62. US embassy denial
  63. PERM classification EB2
  64. EB3 to EB2 and I-140 Refile
  65. 10+3.5 years diploma + 3 years BS
  66. EB1 Extraordinary ability
  67. EB2 from EB3 qualification
  68. Master transcript as degree
  69. When does education become ground for denial - EB-2
  70. EB2 Qualification
  71. EB2 Qualification
  72. Occupational Therapist and EB2
  73. 3 years of experience in IT field and completing a Masters degree - EB2
  74. Filing green card through multiple categories or employers and/or family simultaneously
  75. Impact of the new I-140 regulations
  76. J-1 Physician applying for following to join after waiver
  77. Automatic EAD extension; I-485 EAD
  78. Processing Times Involved in NIW
  79. The Proposed I-140 EAD Rule - FAQ's
  80. Physician filing green card
  81. Regarding Form G-884 (Returns of original documents)
  82. Green card through a future job
  83. How soon can I change employers after getting green card?
  84. How to get a copy of I-140 approval
  85. Green card through two employers and future employer
  86. Procedure for Porting a Priority Date from One I-140 to Another
  87. Changing from EB-3 to EB-2 Category
  88. Changing Jobs During Green Card
  89. Concurrent AOS filing for EB-2 Physical Therapist
  90. Obama's Immigration Action EAD At I-140 Stage
  91. Cross-Chargeability
  92. Writ of Mandamus for Govt. Delays
  93. Indian Experience While Filing PERM
  94. EB-2 or EB-3
  95. GC in L1-A Visa
  96. EB-2 and 3+2 Pattern of Education
  97. Exhibiting Immigrant Intent
EB-2 Visa for a Veterinary Assistant

You can qualify for EB2 only if two conditions are met:

1. Your degree is equivalent to a U.S. advanced degree (a credentials evaluation service needs to assess that under proper standards); and

2. The job requires an advanced degree or equivalent experience.

Contacting USCIS when EB-3 is Changed to EB-2
Green Card Eligibility Under EB-2 Classification

A Beneficiary’s degree must be from an accredited university in order for the Beneficiary to be considered eligible for a Green Card under EB-2 classification. Evidence such as SEVIS certification or state board approval, which confirm that the university is a legitimate educational institution, is not sufficient to show accreditation for Green Card purposes.

Completed Master's Degree in One Year
Qualifying Degrees for EB-2

In June 2007, the USCIS clarified what is considered to be equivalent to a U.S. 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:

1. U.S. Master’s Degree – As long as it is in the field required, no additional document is required.

Trying for EB-2


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.


Eligible for EB-2
Restart the green card under EB-2 category

People with over 5 years of exp. after a 4-year degree may be ale to restart the green card under EB-2 category and then port their PD. Basically, you are redoing the PERM and I-140 for an EB-2 level job.

Avoiding PERM through EB-2 category

You can avoid the need for PERM through EB-2 only if you are applying for a National Interest Waiver.

EB2 Master's equivalency and employer

It all begins with the lawyers. So, make sure your counsel are meticulous and plan for every possible eventuality they can think of. The job HAS to be described truthfully.

EB-3 to EB-2 with the same employer

You can, if the job offered is more than 50% different than the job you were performing so far with the same employer.

Am I eligible for EB-2 or is it too early for green card

You are certainly eligible for EB2 and you must apply as soon as possible. Professorial jobs can reuse existing advertisements if they file PERM within 18 months of when the job was offered to them. You should also have your resume assessed for a simultaneous EB1 application.

Do I qualify for EB-2 ?
Chances to get EB2 with B.Sc.

Your degree must be equivalent to a US Bach. degree. Incomplete degrees are not counted for EB2.

EB-2 experience

Continuous employment is not required, but you can use the experience with the same employer ONLY if the job you used to perform and the job you will perform after the green card are more than 50% different.

Switching Jobs after I-140 approval

1. You can keep the PD only as long as the sponsoring employer does not revoke your I-140, go out of business and USCIS does not revoke the I-140 OR, USCIS does not revoke the I-140 for fraud.


2. No.

Green Card Expenses

The employer is bound by law to pay for all expenses, including legal fees, associated with the PERM process (but not the rest of the green card process).

EB-2 Question

You could qualify for EB-2 under BS + 5.

Job description for the EB-2

It is possible to use the after-acquired skills only if the job in the past and the green card job are more than 50% different.

Perm process during OPT

This question requires your lawyers to assess the case. Generally speaking nothing stops you from filing a PERM application while on OPT and an Eb2 appears possible.

EB-3 category

It is possible, but the green card will have to be started again from PERM.

Can I apply GC in EB-2 category?

Diplomas are unpredictable. I think EB-2 is doubtful.

Am I eligible for EB2?

You appear to be qualified for EB-2.

EB-2 category eligibility

The minimum requirements for the job are 2 years exp. This job does not qualify for EB-2. You do.

EB-2

It is possible, but your lawyers must assess which route is best for you: evaluate the two degrees to be equiv. to a Bach. and use Bach + 5 for EB-2 OR just use the Master's degree (risky).

EB-2 eligibility
Accredited degrees

Your lawyers are right in that CA is not accepted as education by USCIS. Speak with a credentials evaluation agency about Master's degrees.

Can I change jobs and file PERM and I-140 under EB-2
EB-2

You COULD qualify for EB-2 depending upon your qualifications and the job requirements. If you leave before I-140 is approved, you may get nothing out of the process. But leaving after I-140 approval gets you your priority date to carry forward.

Job Change after I-140

It is possible and common for employer B to get H-1 extension based upon an I-140 approval of employer A. You need to speak about the details with a lawyer.

Filing EB-2

You need to speak with your lawyers to decide on the timing of the filing. For EB-2 a requirement of minimum Master's degree or in the alternative Bach. + 5 years of post bach experience qualifies you for an EB-2.

Eligibility for EB2

Depends. If the SE diploma is post graduate (not available for undergrads) AND recognized - you MAY be eligible for EB-2.

EB2 Eligibility

If your BS and MS are in the same field and are related to your work, EB-2 should work.

EB3 to EB2 Portability

Theoretically, this is possible. As to the practical implications, you must speak with the lawyers who will represent you in the second green card process.

EB2 qualification with MS

Yes, you qualify for EB-2, unless the alternate requirements, if any, for the job are less than Bachelor's + 5 years exp.

Masters in Computer Science and EB2 eligibility

If the job requires a Master's degree - yes.

Regarding GC application after PhD
Can EB3 PD be carried to new EB2?

It is logically inconsistent for two jobs from the same company for the same individual. If you have a good, logical, true explanation, there is no law that says you cannot have two PERM apps for the same individual for different jobs with the same company. But you cannot transfer PD until the I-140 is approved. I see no issue with changing jobs right away. You may have just enough time.

EB2 - Eligibility

Under EB-1, probably no. Under EB-2, unlikely, but have your lawyers review.

EB2 Schedule A question

If you are qualified, you can apply for Schedule A. I cannot think of any way the PERM denial or layoffs could cause any issues and there should be no waiting to file.

EB2 Qualification

Assuming BTech is a 4-year degree, it looks like you are eligible for EB-2.

EB-2 with ChE MS + 2 yrs exp

You qualify for EB-2, of course, whether or not a promotion is required is entirely up to your lawyer and the employer to determine. Any position that requires an MS OR BS = 5 years experience (progressively responsible) qualifies for EB-2 filing.

EB2 eligibility

Yes, you are eligible for EB-2.

EB-2 with three years bachelor's degree

Usually, you are NOT permitted to put together two 3-year bach. degrees. So, it appears unlikely you will qualify for EB-2.

EB2 or EB3

Generally speaking, if BS and MS are in the same or similar fields, you should be able to combine them to arrive at a 4-year degree for EB2 purposes. You should have a shot at EB2.

GC Processing and EB2

For people born in countries that have an EB2 backlog, times can vary greatly from 3-4 years to longer depending upon a number of variables. One big advantage of getting at least to the I-140 approved stage is that you can carry your priority date to the next employer and get H-1 extension beyond six years.

EB2 and Clinical Specialist

Under the current law, it is possible to use the expience gained with the same employer if the labor certain job is more than fifty percent different from the earlier positions held with the same employer. Only a competent lawyer can help you assess the chances.

EB2 Eligibility

With a four-year Bach. Degree and more than five years of post Bach experience, you should be able to have a shot at EB2.

EB2, volunteer work counted as an experience?

GENERALLY speaking, for EB-2, there is no requirement that I know of mandating paid experience. Volunteer experience could potentially be used.

EB2 eligibility

You will need 5 years of post-bachelor's experience. Certifications do not usually help.

If one has an approved I-140

No, the job does not have to be similar. The green card has to be done again, but the PD can be ported to any job and category (EB1, EB2, EB3).

GC and EB2

You can apply for EB2 if the job requires Bach. with 5 years of post bach. exp. and yes, you can use cross chargeability. Discuss details with your lawyers.

EB2 eligibility for advanced degree occupational therapist

In my opinion, if your job requires an advanced degree, you can apply for EB-2.

EB2 Priority Date Cross Changeability...

Yes, that is correct. This is referred to as "Cross Changeability."

EB2 for a State job

You are correct. You will not qualify for an EB2 unless the job also legitimately requires a post graduate degree or Bach. with five years of experience at a minimum.

EB2 with online masters degree

The key here is to find if the degree is accredited. Get together with the school.

EB-2

The job must also require (genuinely) EB-2 level qualifications.

PERM is approved under EB2

There are some variables. Generally speaking, if the BTech is supposed to be a 4-year degree and you got it in three because of your diploma, you should be fine.

EB2

The biggest delay for most people is in the priority date movement. Check out the Visa Bulletin and the PERM processing times. That should give you a good idea.

EB-2 Eligibility

Impossible to predict. It all depends upon the type of degrees and the language used in the Form ETA 9089

Cross chargeability

Cross changeability is possible if your spouse was born in a country other than your country of birth. She can file her I-485 only if she is in USA.

US embassy denial

It is unlikely, but possible.

PERM classification EB2

As long as the job requires a Master's degree and you have earned that degree by the time you file your PERM, you should be able to get EB-2.

EB3 to EB2 and I-140 Refile

Generally speaking, I see this as a good opportunity to start a new PERM under EB2 and then transfer the priority date. Speak with your lawyers.

10+3.5 years diploma + 3 years BS

I think your worry is well founded. These type of cases are difficult to get approved. I am commenting in general because I do not know the exact facts. Discuss your concern with your lawyers and if possible, get a response in writing.

EB1 Extraordinary ability

Impossible to answer, Doc. This is like diagnosing a patient without access to the patient or his records. Impossible for me to say. I do not know your case.

EB2 from EB3 qualification

The term "EB" means employment-based. EB-2 is available for people with post graduate degrees (by US standards) OR a 4 years bach. degree with five years of progressively responsible experience. You need to speak with your lawyers about applying for an EB-2 and transferring your priority date.

Master transcript as degree

Generally speaking, under immigration law we focus on when the degree was completed - NOT when the formal diploma was conferred. Speak with your lawyers.

When does education become ground for denial - EB-2

Your education/qualifications are USUALLY questioned in great detail at the I-140 stage. But USCIS or DOL can question any of these matters at any stage. I have seen approved I-140's being reopened and denied at the I-485 stage.

EB2 Qualification

It is possible, but tell your lawyers to draft the PERM application carefully, so if EB2 is denied, EB3 should still be approved.

EB2 Qualification

It is possible, but tell your lawyers to draft the PERM application carefully, so if EB2 is denied, EB3 should still be approved.

Occupational Therapist and EB2

OT's have no special category unlike physical therapists. But EB-2 may be possible. Discuss with her lawyers.

3 years of experience in IT field and completing a Masters degree - EB2

I assume you are asking whether you can process an EB-2 green card. The answer is yes, once you complete your Master's degree and take up a job that requires such degree or Bachelor's plus five years experience.

Filing green card through multiple categories or employers and/or family simultaneously
Impact of the new I-140 regulations
J-1 Physician applying for following to join after waiver
Automatic EAD extension; I-485 EAD
Processing Times Involved in NIW

You can change employers any time if you are a self-applicant and will continue to work in your stated area of national interest.  But NIW priority date will take the same time as a normal EB-2 application does.  See: 

The Proposed I-140 EAD Rule - FAQ's

Question 1: Redo the PERM or just the I-140. If redoing the PERM again then what's new in this regulation? 

Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.

Question 2: It seems that there is no easy provision for EAD/AP for approved 140 applicants. So is there any point in waiting for this rule or Should I consider Visa stamping is only option for traveling outside US? Please suggest as I waited for a year or long thought they are going to give AP.

Physician filing green card

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://youtu.be/H_VV9kV_lOg?t=1852

Regarding Form G-884 (Returns of original documents)

Form G-884 is used to request return of documents YOU had sent to USCIS (e.g., your college degrees and diplomas). Use FOIA for the purpose you are considering.

Green card through a future job

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/PreNUXXW9KU

How soon can I change employers after getting green card?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://youtu.be/3Heaadpk1Ik?t=599

FAQ Transcript:

How to get a copy of I-140 approval

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://www.youtube.com/watch?v=baprYGs8IzQ&t=1376 

FAQ Transcript

Green card through two employers and future employer

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://www.youtube.com/watch?v=baprYGs8IzQ&t=893 

 

FAQ Transcript

Procedure for Porting a Priority Date from One I-140 to Another

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 

https://www.youtube.com/watch?v=sXq6DaDK7AA#t=657

FAQ Transcript

Changing from EB-3 to EB-2 Category

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

Changing Jobs During Green Card

 

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.  

https://www.youtube.com/watch?x-yt-cl=84359240&v=uaBshBiaCUg&x-yt-ts=1421782837&feature=player_detailpage#t=719


FAQ Transcript

Concurrent AOS filing for EB-2 Physical Therapist

Concurrent filing is possible ONLY if your priority date for EB-2 is current, and not backlogged.

Obama's Immigration Action EAD At I-140 Stage

I have heard that there is a proposal to allow filing of I-485 

Cross-Chargeability
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question. 
https://www.youtube.com/watch?v=ujMQ79pgzX8

FAQ Transcript
Writ of Mandamus for Govt. Delays

See the marked clip below from Rajiv's video recording for the answer to this question.

https://www.youtube.com/watch?feature=player_detailpage&list=UUm4s1qwOSz...

Indian Experience While Filing PERM

Generally speaking, you can use the experience gained with an employer who has a tax ID number other than your petitioning employer.

generally speaking, you can use the experience gained with an employer who has a tax ID number other than your petitioning employer. - See more at: http://www.immigration.com/comment/14003#comment-14003
EB-2 or EB-3

Internships do qualify as experience. You need to get your degrees evaluated under AACAO EDGE standards first .

GC in L1-A Visa

1. You can apply for green card without any wait.
2.

EB-2 and 3+2 Pattern of Education

If the Master's degree is accredited, you do not need post-Master's experience for EB-2. There can be some issue about the 3+2 pattern of education, but an accredited Master's should fix it.

Exhibiting Immigrant Intent

Exhibiting immigrant intent CAN be a problem for J-1. It is not certain that you will have a problem, but the potential does exist.