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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.

Accreditation

Submitted by Guest (not verified) on Feb 6th 2012.

Hi Rajiv

I have done my masters from a university which is an ACICS accredited, do we have problem filing in EB2 .....

Eb2 eligibility

Submitted by Guest123 (not verified) on Feb 2nd 2012.

Rajiv ji, I have done masters in UNVA from March 2007 to December 2008, where as the univ was accredited by ACICS until August of 2008...So 80% of my study was accredited and 20% is not...Can this be justified in case if we get a query for I-140 if we file under EB-2 quota?

Eb2 eligibility

Submitted by Rajiv S. Khanna on Feb 5th 2012.

I do not know. You need to sit with your lawyers and devise appropriate solution.

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  Answers could be incomplete, incorrect or outdated.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

Hi Rajiv, My current filing

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

Hi Rajiv,
My current filing is under EB3 and i am working towards my masters (from US). Once i complete my masters, how long do i need to wait (or gain experience) before I can do the porting under EB2 ? Is it possible to file under EB2 immediately after completing my masters?
Thanks in advance.

EB2 filing

Submitted by Rajiv S. Khanna on Feb 5th 2012.

There are too many variables for me to answer with accuracy. GENERALLY speaking, there is no waiting period.

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  Answers could be incomplete, incorrect or outdated.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

EB-2, Schedule A, group II

Submitted by Guest (not verified) on Jan 30th 2012.

I have a PhD degree from US & I am an Assistant Professor at a university in US. I worked as an Adjunct Professor for 1,5 years at another university and I have almost 6 months experience with my new employer. I was thinking about EB-2 Schedule A, II instead of Optional PERM because I've got a major award, I am part of a professional association with restrictive criteria, I authored articles in peer-reviewed journals, I have a few citations. I want to ask you what exactly documentation showing that work during the past year required, and intended work will require, exceptional ability means?

EB-2, Schedule A, group II

Submitted by Rajiv S. Khanna on Feb 5th 2012.

GENERALLY speaking, EB2 PERM would be better. Speak with me in the next free community conference call. I will explain.

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

Eligible for EB-2

Submitted by Guest osr (not verified) on Jan 30th 2012.

Hi
I have 3yrs degree
2yrs pg diploma in business management
6yrs of experience

Am i eligible for eb2 ?

Eligible for EB-2

Submitted by Rajiv S. Khanna on Feb 5th 2012.

Unlikely. But a credential evaluation service and your lawyers should assess this.

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 Jan 30th 2012.

I started working after my 12 standard in IT company and now i have 10 YEARS OF EXPERIENCE. I have completed my Bcom in 2010 from pune university(by correspondence) . At present i am working in US on L1. Do i qualify for eb2.

Eb2 Eligibility

Submitted by Rajiv S. Khanna on Feb 5th 2012.

Very unlikely.

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

EB2 Category

Submitted by raja (not verified) on Jan 28th 2012.

Hi Rajiv

I have total 8.5 yrs of Experience..

2 yrs in Comapny A
6 months in Company B
6 years in Current company. (4 Yrs in US)

I have completed BE in India.. Am I elegible for EB2

EB2 Category

Submitted by Rajiv S. Khanna on Jan 30th 2012.

Potentially, you could qualify for EB2. Your lawyers will need to analyze in detail.

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

Change from EB3 to EB2

Submitted by Guest (not verified) on Jan 28th 2012.

Hi Rajiv- I have filed my GC in EB3 category. I have 3yrs Bachelors degree from India and am also a Charterd Accountant. I also have over 5 years of wrok expenrience in the U.S. Will I qualify to file under EB2 category based on my experience, or I cannot do this unless I have 4 year Bachelors degree. I would appreciate if you could help me on this. Thanks

Change from EB3 to EB2

Submitted by Rajiv S. Khanna on Jan 30th 2012.

I do not think you can qualify for EB2. If I remember correctly the year, there is a 2009 ruling from AAO that expressly declined to accept CA as a degree.

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

EB2 GC query

Submitted by Roger (not verified) on Jan 28th 2012.

My current company successfully filed me I-140 and my last packet EAD, PAROLE and Adjustment of Status was filed on Jan 10, 2011 and on Jan 18 I received a letter from USCIS that I appear for BIOMETRICS/FINGER PRINTING on Feb 13 that fast. I guess green card is next. All of my colleagues have the same trends and most of them got their card in 1 week later to 1 month after biometrics. My question is, once I get my GC, I was planning of relocating to other state and resign from my company in good faith. I just wonder, does my current company have the power to revoke my GC if they want to?

EB2 GC query

Submitted by Rajiv S. Khanna on Jan 30th 2012.

Read my blog entry on this subject -- how soon may you leave after a green card approval.

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

Work during last semester school

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

Hi Rajiv,
would work ex during last semester of college be counted towards BS plus 5 years exp rule.

Work during last semester school

Submitted by Rajiv S. Khanna on Jan 30th 2012.

No. We can count only post-bachelor's experience for that rule.

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

PERM Audit & H1 extension beyond 6 yrs

Submitted by Harinath (not verified) on Jan 27th 2012.

HI Rajiv

I landed in difficult situation your opinion can throw some light. My employer applied PERM (in 6th year) in October 2011 EB2 Category and it picked for random audit in Jan 2012, employer asked me to send signed ETA form to respond to Audit question with in 2 weeks. They said its random computer audit and has to respond with paper documents.

I am already in 6th yr and my H1 get expired by May 22, 2012 is it possible to go for H1 extension beyond 6th year while PERM is still in Audit status.

Appreciate your response.

PERM Audit & H1 extension beyond 6 yrs

Submitted by Rajiv S. Khanna on Jan 30th 2012.

You will be eligible for H-1 extension beginning October 2012, even if PERM is pending -- audit or not.

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

Filing for EB-1

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

I am in USA working for the same company for more than 5 years as a Manager. For the Ist one year abroad , I am falling short of 18 days. I joined the company on in Jan ist week and Travelled to US in Dec mid of the same year to Dec. Can I meet the requirement or can I get an exemptions for those 18 days.

Filing for EB-1

Submitted by Rajiv S. Khanna on Jan 30th 2012.

There is no exemption.

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

University of Phoenix and EB-3

Submitted by Guest (not verified) on Jan 25th 2012.

hi Rajiv,

Can I know whether the masters degree from University of Phoenix is good for porting from EB3 to EB2. It has accreditation from "North Central Association of Colleges and Schools, The Higher Learning Commission"

Thanks,
Pradeep

University of Phoenix and EB-3

Submitted by Rajiv S. Khanna on Jan 30th 2012.

Pradeep ji, I do not know if the degree is properly accredited. You should contact a reputable credentials evaluation service for that information.

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

Thanks Rajiv, how can i know

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

Thanks Rajiv, how can i know if the degree is properly accredited. Can you suggest any credential evaluation service ?

Thanks Rajiv, how can i know

Submitted by Rajiv S. Khanna on Feb 5th 2012.

We cannot recommend or endorse any evaluation service. We use one, but not because they are the only good ones around.

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

EB2 Green Card

Submitted by vk (not verified) on Jan 24th 2012.

Hi, I have 3 yrs Degree(B.A) India and 2 yrs Post graduate Diploma from Symbiosis (symbiosis center of distance learning)+few IT certifications. Overall 10+ yrs of exeprience in IT field. Do I qualify for EB2?
Also, I don't have degree transcript but I do have originals. Do i still need transcript to get education evaluation done?

EB2 Green Card

Submitted by Rajiv S. Khanna on Jan 30th 2012.

EB2 appears doubtful to me. As far as I know, transcripts will be needed.

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

EB3 - EB2 Porting

Submitted by Guest (not verified) on Jan 24th 2012.

I have 3 years B-COM degree from india and 1 year PGDCA and 3 years exp. in india and 8 years US exp. I am currently doing masters from UOP, I should be done with it in another couple of months. Will I be eligible to port to EB2 once i complete my Masters ? My PD is April 2007 (EB3)

Thanks,
USVISA

EB3 - EB2 Porting

Submitted by Rajiv S. Khanna on Jan 24th 2012.

If your Master's is recognized by the state government, you should be able to qualify for EB2.

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 Jan 20th 2012.

Hello..I have a masters degree(U.S) and one yr work exp will i fall under EB2 category?

EB-2

Submitted by Rajiv S. Khanna on Jan 24th 2012.

Yes. You could.

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 Jan 19th 2012.

Hello Sir,

I have 3 years bachelor degree (BSC) and a master degree (MSC) (foreign)
I also have 3 US master degrees (MSC, MBA and MSIT)
I have progressive 5 years experience after bachelor degree and 2 master degree.

In this situation is it better to go for BS + 5 yrs or MS + 0 years? My company lawyer is telling me to go for
BS + 5 but I am reluctant because of combination of degrees. I hope you can provide some insight.

Appreciate your input.
Thanks

EB2 eligibility

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

This can only be effectively answered in the context of your job and the employer's genuine, minimal requirements. I have no idea.

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

Am I eligible under EB2 category?

Submitted by Guest (not verified) on Jan 18th 2012.

Hello Rajiv,

I have a B. Com (3 years) + M. Com (2 years) + M.B.A. (HR - 2 years) - all full-time, no breaks. All from the same institution in India.

In addition, I have 10 years of experience (4 in HR and 6 in IT). 6 years in India and 4 in the US. Am I eligible for EB2?

The job 'requires' the candidate to possess a Bachelors Degree (4 yrs) but 'prefers' a Graduate Degree (2 yrs).

The reason I ask is: I've got an RFE asking for Education Evaluation and my employer has responded. I am awaiting 'decision' by USCIS.

Thanks

Am I eligible under EB2 category?

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

If you have five years experience after your MCom, you should qualify for EB-2. But if the job 'prefers" and not requires a Master's degree (or Bac. + 5) -- the job does not qualify for EB2.

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

Eligible to file EB-2

Submitted by EB3toEB2 (not verified) on Jan 18th 2012.

Hi Rajiv,
I have indian 3yrs bachelors(maths,physics,chemistry) + 2Yrs Masters(mathematics) and have 10 Yrs of IT experience. Education Eval docs says that my qualification is equivalent to US Bachelors in Mathematics. Am i eligible to file in EB2?

Eligible to file EB-2

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

I believe you qualify for EB-2, assuming you have 5 years experience after your Master's.

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

EB2 Eligibility

Submitted by Jasdeep (not verified) on Jan 17th 2012.

Hi Rajiv,

I did 3Yr B.Com & 1 Yr PostGraduate Diploma in Computer Applications both from Accredited Indian Universities. Have 3 Yrs Exp in India & 5 Yrs Exp in US in IT most of it with my current employer who filed my case under EB3(PD of Jan 2010 & I140 Approved).Recently I got course by course educational evaluation done according to which I possess a US Equivalent of BS with Major in Applied Computer Science with 126 credits.

1)What are my chances of successfully being able to port to EB2?
2)Is doing a US Masters Degree the only option?

Your input would be appreciated.
Thanks

EB2 Eligibility

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

1. Slim to none.
2. I think so.

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

EB3 or EB2

Submitted by Ajay (not verified) on Jan 17th 2012.

Hello Rajiv,
I have 3 years bachelors degree from India and 2 years of Diploma from Aptech(completed in 1998)
After that I have 13+ years of experience in IT.

Will I be eligible for EB2? My lawyer is saying I am not eligible and they are filing in EB3.
Awaiting for your response.

Thanks

EB3 or EB2

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

Check with an education credential service. I think I agree with your lawyer.

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

EB-2 Perm

Submitted by Guest (not verified) on Jan 13th 2012.

I would like to know whether EB2 Perm is possible if i have 4years of Bachelor degree in IT(india) and 5.2 years of total IT experiance (which includes my current experiance of 4 months in US with the current employer ) . My concern is whether my current experiance will also be calculated or only the previous experiance(4.8years)is accepted to apply for GC under EB2 category. Appreciate your feedback.

EB-2 Perm

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

EB2 is possible only by using the current employer's experience, which in turn is possible only if the green card job is more than 50% different.

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

EB-2 Elgibility

Submitted by Guest (not verified) on Jan 13th 2012.

I have completed my MBBS in India in 2001 and have had clinical research experience for over 8 yrs now. I had immigrated to canda and moved from the same company to US on L1 visa . I have competed 6 yrs in the same company with progressive levels and they are planning to apply GC under EB2 now..am I eligible?

EB-2 Elgibility

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

May be. We have to look at the progression.

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

Job change during GC process

Submitted by Guest (not verified) on Jan 12th 2012.

Hi Rajiv,

I am on H1 extension and I-140 is approved under EB-3.
Since my employer is refusing to process New GC under Eb2 as they say it is risk for them, I would like to change job and process NEW GC under EB2 with the new employer.

my profile qualifies for EB-2( 4 years bachelor + 10 yrs exp).

My question is in this case, can I use existing Priority date(2008) for the NEW GC process(EB2) with the New Employer. Thanks.

Job change during GC process

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

You can use the old PD only if your employe does not revoke your I-140.

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

Combination of Degrees for EB2 PERM

Submitted by Suresh (not verified) on Jan 11th 2012.

Dear Sir,
As per your comments USCIS permits to combine appropriate degrees for EB2. I did 3 yrs Bachelor of Commerce (B.Com) from Nagarjuna Univ + 2 yrs Master of Science in Informaton Technology from Bharathi dasan Univ and 9 yrs porst master's exp.In this case, 1) Does USCIS accept to combine my 3+2 degrees for EB2? 2) Does USCIS permits my combnation of degrees are equiivalent to their US baccalaureate?(As per Education Evaluation my combination of degrees are equivalent to US Baccalaureate +1 yr in Bach of Bus Admin in Information Tech).Sorry to asking to many Q's,Please clarify this

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