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I-140 RFE education requirement

Discussion in 'General I-140 and Related Issues' started by usimmigrant2009, Apr 30, 2012.

  1. usimmigrant2009

    usimmigrant2009 Registered Users (C)

    Hello,
    I need some advise regarding a RFE that I received for my EB2 I-140. The details of my immigration process is as follows:

    March 2008 - came to US on fresh H1B
    December 23rd 2010 - EB3 Labor Filed
    January 13th 2011 - EB3 Labor Approved
    April 15th 2011 - EB3 I-140 Filed
    December 2nd 2011 - EB3 I-140 Approved
    August 2011 - EB2 - Labor Filed (same company, different position)
    December 2011 - EB2 - Labor Approved
    Jan 2012 - EB2 I-140 Filed
    April 2012 - EB2 RFE

    Education profile:
    India 3 year Bachelor of Commerce
    MS in Technology Commercialization - Northeastern University, 2010
    Part time MBA at University of Michigan - in-progress

    Labor states:
    minimum education required: Bachelors
    major field of study: computer science and/or Related
    is there an alternate field of study that is acceptable: No
    is there an alternate combination of education and experience that is acceptable: No
    Is a foreign education equivalent acceptable: Yes
    Is experience in alternate occupation acceptable: Yes, 60 months
    Alien Info: Highest level achieved relevant to the requested occupation: Masters


    The RFE states :
    In evidence of the beneficiary's educational qualifications for the position the petitioner has submitted a copy of his Bachelor of Commerce degree from India. This is a three-year degree and is evaluated by USCIS as equivalent to three years of university level study; not equivalent to a U.S. baccalaureate degree. The petitioner has also submitted a graduate transcript for the beneficiary from Northeastern University. If the beneficiary has obtained another degree, at least equivalent to a U.S. baccalaureate, the beneficiary may still qualify for the requested classification.

    The transcript from Northeastern does not indicate whether the beneficiary obtained a degree through the university, but it does list coursework completed in 2010, Therefore, it appears that if the beneficiary did obtain a subsequent degree that may have potentially qualified him for the classification requested, it would have obtained at a date that would not allow for the five years of post-baccalaureate experience required by the labor certification submitted with the petition.
    The classification requested requires the beneficiary have either a U.S. master's or foreign equivalent degree, or a U.S. baccalaureate or foreign equivalent degree followed by five years of post-baccalaureate experience in a relevant field.

    However, the labor certification submitted with the petition requires the beneficiary have a U.S. baccalaureate or foreign equivalent degree and five years of experience. therefore, the beneficiary's five year of relevant experience must have been obtained after the award of a U.S. baccalaureate or foreign equivalent degree. The petitioner did not allow, in Section H8 of the labor certification, for an alternate combination of education and experience incorporating a master's degree and no experience.

    Therefore, you must submit evidence the beneficiary had obtained an educational credential equivalent to a U.S. baccalaureate followed by five years of progressive, post-baccalaureate, experience in a relevant field before the priority date established by the labor certification, August 1, 2011.

    ---------------

    In response to the RFE, i have got 2 letters from the admission's office of Northeastern University and University of Michigan where they state that I have got admission in their program based on my India's Bachelor degree and their program requires a U.S. Bachelor or equivalent. My lawyer is also planning to get a course-by-course evaluation done through TrustForte.

    Based on the above information, I would appreciate feedback from this forum to some of my questions:

    1. Do you feel (based on the info above), that the RFE might get approved or would it get denied?
    2. In retrospect, would it have worked if my labor had asked for an education qualification requirement of U.S. Bachelors plus five year of experience or U.S. Masters with zero years of experience work?
    3. For EB2 based on U.S Masters degree, does it matter if the work experience shown is before or after the Masters?

    Any response would be appreciated.

    Thanks.
  2. BigJoe5

    BigJoe5 Registered Users (C)

    The position may qualify for EB-2 but you don't meet the employer's stated minimum requirements. You only qualify for EB-3.
  3. usimmigrant2009

    usimmigrant2009 Registered Users (C)

    thanks for the reply, BigJoe5. Would I have qualified if the job requirement mentioned 'bachelor plus 5 years or experience or US Masters'. Also, if I have a US Masters, is the experience still need to be progressive?

    Thanks !
  4. hazelickes

    hazelickes Registered Users (C)

    The requirement for EB-2 states as
    1. An official academic record showing that the alien has an United States advanced degree or a foreign equivalent degree; or

    2. An official academic record showing that the alien has a United States baccalaureate degree or a foreign equivalent degree, and evidence in the form of letters from current or former employer(s) showing that the alien has at least five years of progressive post-baccalaureate experience in the specialty.

    It does mean that you may not need experience if you have a advanced degree and if you lack such an equivalent degree you need experience that is obtained after your study of foreign equivalent degree.

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