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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.

Conference call and EB3

Dear Rajiv,

I will try and join the live discussion but have a meeting at around 12 p.m CST. so if my question is answered in the first 1/2 hour that would be great. Also there is an update. My employer agreed to start the market test. however they would want to apply as a technologist with min. qualifications of a 2 year technical degree and some experience under EB3. They wanted to do this since if they say any bS degree is accepted in the ad, then there will be too many applicants for the post and will fail the market test. where as if they post as 2 yr degree it will discourage bs holders

Conference call and EB3

Kumar saheb, sorry we could not talk in the conference. I like to answer all questions once I get started. If you could have stayed on, we would have talked. Yesterday, I think we went up to almost one and a half hour. My suggestion is to have a good lawyer review your case carefully and provide their opinion. PERM filing is a serious undertaking, filed under penalty of perjury. It should not be done without careful deliberation.

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  Answers could be incomplete, incorrect or outdated.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

EB2 eligibillity

I have a 4 year bachelor engineering degree in Electronics and Communication
with 7 years of experience in IT. I have joined employer b m when i was having 6 year experience, the job requirement was 5-7 year experience,Am i eligible for eb2? or only IT, or computer engineering with 5 year exp is eligible?

EB2 eligibillity

You should be eligible for EB2.

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  Answers could be incomplete, incorrect or outdated.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

Do I qualify for EB2

I have 3-years of Computer Science degree and have 9 years of full time experience excluding current company experience.

Do I qualify for EB2?

No. Sorry.

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  Answers could be incomplete, incorrect or outdated.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

Do I qualify for NIW?

Hello,
I came to US in 2007 on F1 visa and did PhD Food Science. I am working with a company since Feb'2012 in my field. I had done Masters and had 4 years of work ex in my field in India. I got my H1B approved in 2012. My Company is sponsoring my green card application - the process has just began. I have two publications from PhD. My lawyer is taking EB2 route but I would like to apply for EB1 or at least NIW under Eb2. Are there any advantages of NIW/Eb2 bs normal Eb2? Can I take EB1 route simultaneously?
Thanks for your help

Do I qualify for NIW?

This requires a discussion. 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.

Do I qualify for EB-2?

I obtained my masters (biochemistry) in India and Ph.D. (biotechnology) in the U.S. I completed by Ph.D. last year and have worked for a couple of employers since then. Now, I am working as a contractor for a Pharma company. My F-1 has expired and I am on my OPT. I still have my STEM extension to go. Do I fit in EB-2 or NIW?The downside for me is, I do not have my publications out yet. Also, my wife also has a Ph.D. (masters from India) and she is working as a post-doc. Can I and my wife apply to gether for a green card and if so, do we stand any better chance. Thank you in advance.

Do I qualify for EB-2?

Snap judgment: unlikely that we can make an NIW case. Feels free to send me your resumes. I will take a look. No charge, of course.

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

Thanks Rajiv

Thanks Rajiv. I will send you my resume.

EB2 eligibility while working in India

Hi,
I have got emails from a immigration consulting company that an individual even though he is presently working and residing in India can get an EB2 visa under national interest waiver category. Firstly I would like to know if the same is possible. If yes, can you pls let me know if my profile suits for the EB2 visa. I am presently residing in India.
Educational qualifications: 4 yrs of bachelor of engineering in electronics and telecommunications + 1 year Post graduate diploma in management from IIM Calcutta
Experience: 14 yrs in IT industry and presently working as sr program manager

EB2 eligibility while working in India

NIW is NOT easily available. It is true that ANY green card can be processed while you are outside USA, your information is not complete. Feel free to join the next community conference call. Please do NOT pay any employer to process any immigration papers. It is most likely the kind of employer who is involved in breaking laws at worst, or an undesirable employer, at best.

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 a question about which category (EB1/2/3) of Green card i fall IN.
Nationality : India
Education : Bachelor of Engineering in Computers
Experience : 4 yrs with employer A(2 yrs in India + 2yrs in USA) + 1 yr with employer B(USA) = 5 yrs experience
Designation : Quality Analyst (Information Technology)
Visa Status : H-1B
Now my new employer i.e. with employer B with whom i have worked for 1 yr will file my GC.
Under which category i fall of GC, usually my employer says EB3 since they say u need to have 5 yrs of experience outside employer B i.e. my previous employment.
Please advic

Am I eligible for EB2 ?

Speak with your lawyers. EB2 may be possible if employer B can offer you a "substantially dissimilar" position. Speak with your lawyers.

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

Masters + 2 yrs in IT

I have a bachelors degree in mechanical engineering (India) and masters in mechanical (US) + 3 yrs of experience in IT (1 yr - India and 2 yrs - US). Am I a good candidate for EB2? Do I have to have a degree in the same field as that I work in? Are there any downsides to my situation?

Thanks!

Masters + 2 yrs in IT EB2

EB2 is possible. Your lawyers must help you decide.

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

Do I qualify for EB-2

Hi, I have a B.Sc. and 1 M.Sc. from University of Calcutta, 1 MS and 1 Ph.D from University of Florida and currently I'm doing Post Doctoral research at The Ohio State University (last 1.5 years). Can I qualify for self petitioned (EB2) green card? My extended OPT will expire on 14th January, 2014. I my employer does my J1 until I get my green card approved, then should I have to go back to India as I'll have J1 when I eventually receive green card?

Do I qualify for EB-2

There are only two self-petitioning categories (other than through investment):
Extraordinary Ability Aliens: http://www.immigration.com/greencard/eb1-green-card/eb-1-extraordinary-a...<

AND

National Interest Waiver:
http://www.immigration.com/greencard/eb2-green-card/eb-2-national-intere...<

I do not understand the J-1 issue.

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

Am I eligible for EB2 Category?

I have done B. Sc. (Physics, Mathematics, Statistics) (3 years) + Post Graduate Diploma in Computer Science and Application (PGDCS&A) (1 Year) + Masters of Computer Application (MCA) (2 Years) = 6 Years. MCA is a 3 year Degree but Nagpur University give direct admission in 2nd year to PGDCS&A toppers. I was the University Topper so I got direct admission to 2nd Year. Is my qualification equivalent to US Masters degree? Am I eligible for EB2 category without proving 5 years progressive experience. I have total 12 years of experience in IT.

Thanks,
Mayank

Am I eligible for EB2 Category?

I think you may have a problem in qualifying by degrees alone because the three-year MCA was earned in two years. Have your lawyers get your credentials evaluated carefully. Also, have them discuss options for documenting experience.

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

Thanks Rajiv

Thanks Rajiv. So with this qualification, am I not at all eligible for EB2 or I will be considered BS + 5 Years of Progressive Experience? At the time of H1b application, my degree was evaluated by ICETS (INTERNATIONAL CREDENTIALS EVALUATION AND TRANSLATION SERVICES) and they evaluated my degree to Master of Science Degree in Computer Science of United States. Will that help?

Thanks Rajiv

Log in to 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.

Thanks for your help Rajiv.

Thanks for your help Rajiv. My attorney evaluated my qualifications and I did qualified for EB2 category and they filed my application. Thanks.

Thanks for your help Rajiv.

Excellent! Good luck, Mayank ji.

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

EB3 to EB2 porting

Hi, I am currently on EAD (EB3 category) with a PD of July 2004, waiting for PD to become current since 2006. I have a 3 yrs Bachelors Deg in India, 1 yr Diploma in Computer Applications, Diploma in Mktg Mgmt, few certificate courses as well and 15 yrs of US work experience. Recent got education & experience evaluated by Morningside. They said my qualifications and experience is equivalent to a 4 yr US degree in Computer Science. Consulted few attorneys to check if I would qualify for EB2 porting or not. Got unconfirmed and mixed responses that I might get lucky. Pls advise if it is possible.

EB3 to EB2 porting

Experience evaluations are NOT acceptable for degree equivalence in green card proces.

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 have 3 yr B'Com degree from India and 1 yr diploma in Computer Science from a unrecognized institute but have 17 yrs of experience in the field of IT out of which 10 yrs in the current Company (8 yrs in India and 2 yrs in US) my current job position is not Manager in US, do I qualify for EB2?

Do I qualify for EB2

Most probably,no.

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

Request for EB2 green card

Dear sir/madam
I am an Ethiopian.I am 31 years old. I have a 4 year Bachelor degree and a 2 year masters degree both in mathematics. I have 2 year experience as assistance graduate and 3 years experience as a lecture in mathematics in Wollo university and Bahir dar university.
I like to know whether I qualiffy for EB2 green card or not.
Thank you inadvance
Gizachew Bayou
Bahir Dar university
Department of Mathematics
Ethiopia
Bahir Dar

Request for EB2 green card

You should qualify. Under the current laws, you will first need to find a job in your field in the USA. Let us see if the new laws make it easier. Watch this page for developments: http://www.immigration.com/comprehensive-immigration-reform-2013<

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