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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 U.S.

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 that 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 are required to have a degree of expertise above that which is 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 showing the alien’s work over the preceding 12 months that required exceptional ability and the alien’s work in the U.S. that requires 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
  • Evidence 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 Master's Degree or higher) and the alien possesses such a degree or the equivalent. In lieu of the Master's Degree, the alien may use his/her U.S. baccalaureate degree or a foreign equivalent degree and at least five 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 USCIS Nebraska Service Center is reported to have changed its stand about 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: 

  • U.S. Master’s Degree – As long as it is in the field required, no additional document is required.
  • Four-year Bachelor’s Degree + two-year 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 and no additional document is required.
  • Three-year Bachelor’s Degree + three-year Master’s Degree (India) – With degrees in the same or related fields, this will generally be equivalent to a U.S. Master’s Degree and no additional document is required.
  • Three-year Bachelor’s Degree + one-year postgraduate diploma + two-year 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.  Therefore, the beneficiary would also need to have five years' progressive experience. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the three-year 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 five years' progressive experience.</li>
  • Three-year Bachelor’s Degree + two-year Master’s Degree (India) – Generally, this would be the equivalent of a Bachelor’s Degree + one year and would require five years' progressive experience to qualify under the 2nd preference (EB-2) category.
  • Three-year Bachelor’s Degree + two-year Master’s Degree (India) + five years' progressive, post-Master’s Degree experience – Generally, the educational degrees would be determined to be the equivalent of a U.S. Bachelor’s + one year and the beneficiary would meet the statutory requirement.
  • Three-year Bachelor’s Degree + two-year Master’s Degree + one-year postgraduate diploma (India) – Generally, this would be the equivalent of a Bachelor’s Degree + one year and would require five years' progressive experience to qualify under the 2nd preference category (EB-2). If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the three-year Bachelor’s Degree or the two-year 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 five years' 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 five 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.

Does Distance education from India hold any value

Dear Rajivji, I have 10 years of experience in the IT industry. 7 years in India and 3 in the US. I hold a Bachelors (15 years) degree from India. I have also completed a distance learning course (Post Graduate Diploma in IT) from Symbiosis Center for Distance Learning. Can you please let me know if I would qualify for an EB2 ? There is no clarity on the Indian distance learning course from my company's immigration team and they have rubbished it away. Can you please shed some light on whether DL courses from India hold any value in the GC process ?

Does Distance education from India hold any value

Distance learning may be recognized if it comes from an institution recognized under AACRAO EDGE database. The problem may lie in the institution. Speak with an evaluator.

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

3-year degree from India

Hello Rajiv,

I am sure you have answered this multiple times but can't find an answer at this moment from the general search and would really appreciate your response. I have a 3-year bachelors from India and 16 years of experience in US. Currently I have a pending EB3 with a PD of 10/2006. I am wondering, if I do MS here (Online or Executive course), will I then qualify for EB2. Or do I need to show progressive experience from the time I get my MS. Please help.

3-year degree from India

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.

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

Four-year Bachelor’s Degree+Executive MBA is eligible for EB2

I am having Four year Bachelor's degree from India and having 8 years IT experience. Right now I am working at USA and planning to do Executive MBA from India through online course.

Can I eligible for EB-2 category?

Thanks,
Jaya Rao

Four-year Bachelor’s Degree+Executive MBA is eligible for EB2

You appear to be already qualified for EB-2, Jaya ji.

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

GC eligibility: 4 yr Bach. in Electrical + 8 yr IT Ex

Sir,

I did my 4 yr electrical engineering in India and i have 8 years of IT experience including 1.5 years of US experience. Am i eligible under the EB2 category of GC ?
Also will doing a part time MBA help in getting in the EB2 quota incase the above doesn't ?

Thanks,
Abhilash

GC eligibility: 4 yr Bach. in Electrical + 8 yr IT Ex

You should be able to qualify for EB2, Abhilash ji.

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

Do I qualify for EB2?

Hi Rajiv, I graduated with a BSBA in Finance and MBA from an accredited school in the US. I am currently working on my 2nd master degree and working part-time as a financial analyst. I am still on F-1 visa. Do I qualify for EB2? Thank you.

Do I qualify for EB2?

Anyone with a US Master's degree would qualify (theoretically).

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

I-551 and dependent pending

Hello Rajivji,
1. Is I-551 stamp manadatory after receiving green card ? Can I travel only using green card or is stamp needed ?
2. My child's AP got approved but 485 case is still pending.Primary is approved.If dates retrogress then what happens to child's status ? is the only option to wait next year when priority dates become current again or can child stay in US and travel abroad with AP legally ?

I-551 and dependent pending

1. The stamp is used for travel if you do not have a green card,
2. Child's case will remain pending until dates become current again. He can, of course, stay while AOS is pending and also travel with an AP.

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

Prevailing wage after Green Card approval

What are my options if employer refuses to pay Prevailing wage after Green Card approval ? Will this issue impact me personally ?

Prevailing wage after Green Card approval

Document the fact that you were ready and available for the job. Don't worry. I think you will be fine. Join me in the next free community conference call.

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

Requirements for EB2

Hi,

My corporate lawyers have agreed to file my LC using my masters degree. The minimum job requirement is either (Masters + 1 yr prior experience) or (Bachelors + 3 yrs prior experience). I was researching the criteria for EB2 on various immigration forums and found that the minimum job requirement should have masters or bachelor + 5 yrs exp. Is that true? How mandatory is the bachelors+5 yrs in this criteria to qualify for an EB2? My employers are not too keen on filing an EB2 though, but I wanted to find out if there is a possibility?

Requirements for EB2

Your lawyer's formula is EB-3, Manu.

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

I-140 Porting- Eb2 to EB2

Hi, I have I-140 approved in Eb2 category. I have Bachelors(4 yrs) + 8 years of Experiance. I want to change employer and port my I-140 in Eb2. the Job description for which i am applying is
Does the Job description I still qualify for Eb2
Position: Senior .NET Developer
Description: Seeking a Sr. Web Developer in Charlotte NC at our Corporate Headquarters. This position will be responsible for maintaining n-tier web / Windows / Mobile applications in .Net 2.0/3.5, HTML, jQuery and CSS.
Requirements:

Position Requirements :
- Bachelor’s Degree in Information Technology, Business,

I-140 Porting- Eb2 to EB2

The requirements do not state 5 years of exp. No EB2.

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

EB-2 Qualification

I have B.Sc in Computing and Information Systems from University of London (part time 3 Yrs course, and I took 4 yrs as I took fewer units in 3rd and 4th yr). I just graduated with MS in Computer Science from an accredited university in US. My work e perience was as IT/technical recruiter for 4 years after my bachelor degree. No other experience. Do I qualify for EB2? Thank you.

EB-2 Qualification

If you have a properly accredited MS degree from the USA, you should qualify for EB-2.

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

EB-2 category

Hi ... I am currently in US in L1b visa.. I have done my engineering(BE) and masters(M.Tech) in computer science from India. And I currently have 6.5 yrs of experience with same employer. Am i eligible for EB2 category?
Thanks
Rahul

EB-2 category

Yes, you should qualify for EB-2, Rahul ji.

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

EB2 category

Thanks for your reply sir.
In my case what would be considered for EB2, my Masters or experience?
If experience is counted, I dont have progressive experience. I have 6.5 years of experience with same employer.

My second question is :
My employer is not willing to pay more.. so will the prevailing wage for Masters be higher when compared to bachelors + 5 years of experience.

Thanks
Rahul

EB2 category

Your issues can best be addressed by your lawyers. EB-2 should be available through both methods.

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

Do I qualify for EB2?

I have a BS in Mechanical (4 yrs) in India and an MS in Petroleum Engineering in US. Also, I have 4 yrs of Automotive Engineering Experience.
My job requirements are: BS + MS in mechanical or electrical.
My company wants to file EB3 and not EB2 becuase I do not have an MS in the degree (mechanical) which they require. But they have hired me (even though i do not meet their requirements) and am qualified to perform their job.
Can I qualify to apply with EB2?

Thanks
Mayur

Do I qualify for EB2?

Obviously, you are qualified for the job. Only your lawyers can decide if EB-2 is advisable, it is certainly possible.

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

Do i qualify for EB2?

Hi. I have a BS degree from USA in Electrical Engineering, and 5 years of work experience in EE in USA. I dont have a job offer now. Will i qualify for EB2?

Do i qualify for EB2?

EB2 should be possible if your experience is post bachelor's.

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

EB-2

Thank you:)
Do i have to have employer to sponsor me, or can i file it on my own? Again i have Bachelor degree in electrical engineering and 5 years of experience but i am not working now! so i dont have employer.

EB2 Qualify?

I did MBA from USA and current working in field as a financial analyst since 2010. do I qualify for EB2 and do I need any experience to qualify for EB2?

EB2 Qualify?

You can qualify for EB2 based upon degree alone. How successful such a PERM might be is another issue.

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

Currently under OPT

Hi,
Currently under OPT status, I have my master degree in occupational therapy in an accredited U.S. school, the license to practice the profession, and memberhip from a national professional association.
Would I qualify to apply for the EB-2? If so, what are the chances?

Currently under OPT

See my response to Mani right below your question. If you get a job that requires Master's degree, you should qualify for EB-2.

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

Do I qualify for EB2?

Dear Rajiv,
Working as Computer Analyst 3 in US and my company wanted to apply my green card.
I requested them to do it through EB-2 but they are saying the position qualifies for EB-3, though I have Masters degree(MCA, 3yrs.) and 10 yrs of work experience(6yrs in India, 4yrs in US) in the same field.
Here is the required qualifications for my current job.

B.S. in computer science or degree with programming related curriculum;
Analyst 3: three years of experience or an M.S. and two years of experience.

Do i qualify for EB2? If not what is your suggestion to be consider under EB2.

Do I qualify for EB2?

Mani, this is an EB-3 job. Look for an EB-2 job: requiring minimally Bach. + 5 or Master's + 3 years' exp.

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

EB 2 for lawyers

Hi, I have recently graduated from US Law school with LLM degree. Also I hold 4 years bachelors degree in Law (civil law) from Europe. I have not got bar certification yet. Am I eligible for EB 2 visa?

EB 2 for lawyers

Max, if the job requires an LLM, you should qualify for EB2.

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

Am I eligible for EB 2

I have a 3 Yr BE degree in Electronics and Telecommunication from Mumbai University and a 3 Yr Diploma in Electronics and Communication from Mumbai University and I have also done my 11th and 12th. Am I eligible for PERM in EB2 category?

Am I eligible for EB 2

Get an AACRAO EDGE evaluation, Anand ji, Then assess if you have 5 years of qualifying post bachelors experience.

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

Am I eligible for EB2

Hi,
I have my 3 year Bachelor of Sceince degree from India + 3 Years Diploma in Systems Management from NIIT + 3 years Master of Computer Application (Distance Education) + 19 years of work Experiance as a Software professional. I am currently working in the US for the past 6 years and want to know if I am eligible for eb2 category.

Am I eligible for EB2

May be. Get the degrees and diplomas evaluated under AACRAO EDGE standards.

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

EB2

Hi,

I have 13+ years of multifaceted experience in Transition, Program Management, Network Implementation, Infrastructure (from concept to roll-out), Business Development (assisting the management to create roadmap for futuristic business opportunities) and Project delivery with geographically distributed teams to deliver value to all stake holders.
I have done my Bachlors Degree(3 years) in Science and pursuing MBA.
What can be my chance to get the EB2 visa? Please suggest

EB2

I doubt very much you can qualify for EB2.

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

Do I qualify for EB2?

Hi Mr. Khanna,

I have a 4 year Bachelor's degree from India in Electrical Engineering + 2 Year Master's Degree in Electrical Engineering from USA. I worked for 6 months with an employer before shifting to another employer and since been with them till now. In Total, I worked from April '10 to November '11 before I got stuck with stamping issues in India for 1 year. Came back in 2012 December and started working with the same employer. I also worked remote for another employer for 3 months while in India. But my total work experience still falls short of a 3 year period. Do I qualify for EB2?

Do I qualify for EB2?

Yes, you do qualify if your Master's is an accredited degree.

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

EB-2 Qualification

I have a 4 yr Bachelors in Computer Engg, a Masters In Computer Science from a US school and an MBA from a top 5 university from US.my employer filed for EB2 in 2011 and my H1 is valid till Oct 2014. I am about to get an offer from a company in a very senior technical-managerial role and I am considering the offer. The new firm is willing to transfer H1 and willing to redo green card. I have 3 questions
1. Will I be able to carry my 2011 priority date?
2. How long does the labor process take? My last one(2011) came through in 1 week. I need to know if the risk is worth taking.
3 Qualify EB2?

EB-2 Qualification

1. Yes, if your I-140 is approved, and is not revoked fro fraud.
2. Impossible to predict. General times are on our web site.
3. Yes.

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

Can I file for EB-3

I have a BS in Architecture-India, and MS in Urban Planning-US. Presently I am on H1b for a manufacturing company as a Quality Engineer (falls under Mechanical Engineer category for LC). My employer is not willing to file my greencard, citing that my degree is not equivalent to BS in engineering from education evaluation. Also said they cannot post an ad requiring an engineering or architecture degree (since typically not required for other positions in company), nor can post as Engg or equivalent (opens up for too many applicants). Is this true? Can I convince them? Can't I file even in EB3?

Can I file for EB-3

Join me in the next free community conference call next Thursday. We will talk.

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

Regarding PERM

I wanted to add one more thing. If my PERM gets approved as a technologist which has a min. qualification as 2 yr degree, will I be able to get H1B extensions for my current position without any issues? My current position H1B got approved for the same job that they are going to apply as technologist for PERM but with min qualifications required as Bachelors degree.

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