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EB-2 Advanced degrees & Experience

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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.

EB-2 Eligibility

Had a question regarding the EB-2 eligibility.My Perm was recently approved in EB-2 category.Had a question about education before we file the 140. I've a bachelors in Computing from UK which was a 3 year course and after that I have a Masters from UK in the computing which was a 1 year course. My question- is this qualification eligible of the EB-2 category. Just want to ensure that there is no RFE in 140.

EB 2 eligibility

On h1 B visa since Oct. 2008. I/my employer now wishes to file my green card. However I accepted my job offer in March 2008 (while doing my internship) and officially graduated in Aug 2008.i have a 3yrs BS +1yr MS from India, Masters degree from US univ+2yr work ex., patent, scientific publications, currently pursuing part time MBA. am I eligible for EB2? I have an urgent need and do not want to go under EB3? what are my options?

EB 2 eligibility

Priya ji, there are too many variables here. Speak with your green card lawyers.

Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.

US Bachelors + 10 years experience

Hi, I have a US Bachelors + 10 years of US experience in my field of study. I am on my 9th year H1B with Employer #4 (Fortune 10 Co). I have 8 years of experience with Employers 1,2 and 3. I was working full time on EAD (OPT) between F1 and H1 for 1 year. In my back pocket, I have an approved 140 with PD of Aug 2004 ED3 India from employer #2. When i applied for my present job, the job posting/description had "Minimum 5 years of experience required ....". My employer has agreed to file for green card.. yay! Am i eligible for EB2? Thanks!

US Bachelors + 10 years experience

Sounds like EB2 to me. Your lawyers need to ensure that it is.

Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.

I have a PhD degree from the United States

I have a PhD degree from the United States, but my job does not even require Master's degree. My company applied for EB3, and even though my I-140 has been approved alread, I discovered it is going to take forever to file I-485 (PD become current). What would you suggest to do?

Jump to: EB-2 Advanced degrees, experience * EB-2 Overview

Speak with your lawyers or arrange a formal consultation with our office through the "contact us" link on the top. Generally speaking, an EB-2 PERM for an appropriate job can be applied through this employer or another employer and then the priority date from EB-3 can e transferred to the EB-2 case.

Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.

Greencard

I came to US on O-1 visa in 2007 working with pharmaceutical. I did my masters in chemistry and worked in pharmaceuticals for 12 years in India and published 5 papers in the international journal and 3 patents world wide as a co-author in India. I had no paper publication in USA .Can i go for the EB-1 catagory, if yes than what documents I needed to support.

Is there any other catagory where I do not have to go for the labor certificate, if yes than how.

Gree Card Options for O-1 visa holder

Send your resume to us for evaluation through the "contact us" form. Let me take a look.

Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.

On H1B, born in India, EB2

On H1B, born in India, EB2 I-140 approved but cannot apply for I-485 since PD is Nov 2008. Is cross-chargeability applicable in this case, if I marry GF who was born in country other than India/China?
Is it OK if the GF is not here right now or on other visa category than H1B? Will marrying enable both of us to file for I-485 immediately?

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.

Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.

I have a PhD in biochemical

I have a PhD in biochemical engineering in dec 2009, and I have been working in industry since one year. I am author or co-author in 5 - 10 publications. Can you please suggest which category is appropriate for me to apply for a Green card.

PhD in biochemical engineering

Dr. Janardhan, send us your resume through the contact form: http://www.immigration.com/contact

Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.

EB3 to EB2 and I-140 Refile

I have worked for Company A and got my labor certificate(Approved in May 2009) and I-140(Approved in Nov 2009 under Eb-3). But company A got acquired by Company B. Company B bought major part of the assets from Company A. Both companies do same kind of business.

1. The new company B is in same County and State(but different cities).
2. I Will be doing similar or same work in a similar position.
3. H1B transfered from Company A to Company B.
1) Can company B use Company A Labor certicate and refile the I-140 again?
2) Since Company A filed I-140 on EB-3, Can Company B refile I-140 on EB2?

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.

Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.

PERM classification

Dear Rajiv,
I am technology professional with nearly 9 years of work experience. I am currently working as a software consultant in a trading firm in the US and will be graduating from a part time MBA program (concentrations in Finance) this december. If I plan to apply for PERM next year, will I be eligible to apply under EB-2 US Masters degree, given that my MBA in finance will help in understanding complex financial principles and writing algorithms that support day to day trading? In this case, will my previous experience be evaluated? Please let me know. Thanks for your time.

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.

Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.

EB2 from EB3 qualification

Sir, I am currently petitioned under EB3 (for embassy interview already) but unfortunately is caught up with the retrogression. Can I apply for an EB2 visa? I have a Bachelor's degree (BSN), took up Medicine (equivalent of a master's degree in academe) and currently is a faculty/administrator in one of the top nursing schools in Manila, going on 5 years of service. I am likewise a PhD student (Major in Biology) in one of the top university also in Manila. Am I qualified for an EB2? If yes, is EB2 a family based peition? My parents live in New Jersey. Thank you.

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.

Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.

Master transcript as degree

Dear Mr. Khanna,
I received a complete official transcript and a letter confirming that I have completed all the requirements of the master degree. The university's next graduation date is Jan-30 2009 when I will get the diploma. Can I apply for EB2 on my complete official transcript or I have to wait until I get the diploma.
Thanks,
Syed

Master transcript as degree

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

Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.

EB2 Qualification

Hello Sir,
I do have a question regarding EB2 eligibility. I earned a Bachelor degree in Science(B.Sc with Physics subject-which is not related to IT) from India(3 years) and also earned Masters in Computer (MCA in IT) (3 Years). So will I be able to file my employment Green card in EB2 category if I file my Green card in IT based company?

It would be very appreciated.
Thanks,

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. Good luck!

Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.

Case Denied Stage

Thanks for your prompt reply. This is really very helpful to know.

Now please bare me for one more thing. If I file under EB2 in same educational qualifications, so in which stage it would be chances to denied. I mean in Labor, 140 or 485?

Thanks again.

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.

Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.

Good time to apply for GC

Could you give me any suggestion on whether its a good time now to apply for GC? I started working on my H1B this October and I have a masters degree. And if so what is the estimated time frame if I begin my process now? How can your office help me?

Good time to apply for GC

That one is easy. In most cases, apply as soon as possible. Time frames are impossible to predict and depend largely upon your country of birth. Our fees are here: http://www.immigration.com/our-fees. If you need more particular information, feel free to send us mail through the "contact us" form http://www.immigration.com/contact.

Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.

10+3.5 years diploma + 3 years BS

Hi,
I did 3.5 years diploma in computer engineering + 3 years BS in information systems (BITS). MY labor is in process under EB2 catageory. I am worried that my i -140 is going to denied because for my education. Mr. Khanna do you have any approval cases with diploma + BS.

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.

Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.

Thanks for the reply,I got

Thanks for the reply,I got admission into BS in advanced standing 1 year is waived because i did 13 year schooling not 12 year.

Three-year degree

If your degree was a 4-year degree and you did it in three years because of a waiver you received for already completed education, your BS degree should be accepted by USCIS as fully equivalent to a US bachelors. Be prepared to provide evidence of this fact (waiver of one year).

Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.

EB2 not eligible ??

Dear Mr Khanna,
I have a 4 yr Engineering Degree from India and 13 yrs of experience in the same technology area. My employer says I am not eligible for EB2 filing because my salary is less than the prevailing wages for the position/profile. Is this true ??

EB2 not eligible ??

Karthik, green card salary is the salary intended in good faith to be paid in the future. So, you need to visit this issue with your lawyers and your employers. Certainly, EB-2 salaries are likely to be higher.

Note: We practice US immigration law with sharp focus on employment/business immigration and complex immigration matters and related federal court litigation. I know a lot about my area of practice, but I do not know everything. Use common sense.

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