Can i able to apply for EB2 labor.

V

vrish

New Member
HI Rajiv,

Thank you for giving the valuable suggestion for readers.

I have question.
Currently i am doing masters in US, its going to complete in 2014 December.
I have a I-140 approved in EB3, i would like to upgrade it to EB2 cause i have 3 yrs degree+12 yrs IT exp.
Can I apply for EB2 labor in Oct 2014, that is before completion of master? Can i eligible to do that?
 
Firstly, you don't apply for labor certification, your employer does. Secondly, the elgibility for EB2 depends on two things, one is the minimum requirement of the job for which LC is being filed, second is your qualifications meeting those minimum requirements. Both conditions have to be met before you become eligible for EB2.
 
nkm-oct23 said:
Firstly, you don't apply for labor certification, your employer does. Secondly, the elgibility for EB2 depends on two things, one is the minimum requirement of the job for which LC is being filed, second is your qualifications meeting those minimum requirements. Both conditions have to be met before you become eligible for EB2.
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My employer is doing that process not me, and i am eligible for the job requirement,my qualification is 3 yrs degree, i am pursuing my master, its going to complete in DEC 2014, so can i start my labor processing in Oct 2014.
 
You have to meet the minimum job requirements on or before the date LC is filed. If you plan to use your Master's degree you should wait until you graduate before filing LC.
 
3 year bachelors degrees do not qualify for the eb2 pref cat. In order for a position to qualify for eb2 with a bachelors, it would have to be a 4 yr us bachelors degree and 5 years of progressive, post bachelors experience. If you do not have a US bachelors degree then you would need a foreign equivalent. And 3yr degrees do not equate to a us bachelors degree.

Next, you would not be able to use your masters degree unless you changed roles at your company or unless the perm was files for a role other then the one you are in. The other role would have to require a masters degree as a minimum education requirement.

You were hired by the company into your current role with a 3 yr foreign bachelors degree. Thus, your job could not possibly require a master's degree as a minimum.
 
Hi all,

I'm in the same boat and need some advise from people who have been in the same shoe.

I have both a Bachelor in Science and Master degree from US universities and 4 year and 7 months of progressive work experience post bachelor (not including my work experience with my current employer).

My current company will apply for a Green Card. I'm still at the initial phase of locking the job description. I would be interesting to be eligible for EB2. Based on the job description drafted the Education and Work Experience Required are as follows:

Education Requirement:

The minimum requirements are at least a Bachelors degree, or its foreign equivalent, in ....

Experience Requirement:

Plus 5 years of post-baccalaureate experience in the ..... industry

Seems like the employer (also un-knowledgeable of the process) is determined to move with this requirements and based on the information available to me I can't qualify for EB2 based on the language used around those two requirements.

I need advise, what can be changed in the verbiage with the smallest deviation that can qualify me for EB2?
 
Unless PERM job duties are 50% more than different from current job duties, you cannot use experience gained from existing petitioning employer. 5 yrs work experience post bachelors degree.
 
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