BS+5Years = EB2 ( where is the official document)

Q

qjcnew

Registered Users (C)
Hi,

My lawyer told me that Master degree must be stated in Job description to qualify for EB2 Application. But I have seen in a lot of forums that if the job requires BS + 5 , it also qualify for EB2. My question is where can I find the official document to convince my lawyer.

Thanks

Qjcnew
 
If I have already filed in EB3 can I get it to EB2

I have already filed in EB3...could I get it to EB2......based on BS+5 years?....
 
AM4GC said:
In Labor application form ETA 750 A, B where EB2 is to be mentioned?
Click to expand...

EB2 class will be determined when you apply I-140, after the LC approval. It will be based on what minimum educational and exprience required to perform the job. It is mentioned in the Q14 of your ETA 750 A. If Q14 of 750A says MS or BS+5yrs exp, then you will be eligible to file I-140 in EB2 class (Assuming that you have that qualification before joining the GC sponsering employer).

Once a I-140 filed with EB3 (based on the requirements of LC) it can not be converted into EB2, even if you have MS or BS+5yrs exp before filing LC.

If your LC requires MS or BS+5yrs exp, and by mistake your employer/lawyer filed I-140 in EB3 class, then there may be a possibility to withdraw the old I-140 and refile in EB2. This is my view. Consult a qualified attorney.
 
qjcnew said:
Hi,

My lawyer told me that Master degree must be stated in Job description to qualify for EB2 Application. But I have seen in a lot of forums that if the job requires BS + 5 , it also qualify for EB2. My question is where can I find the official document to convince my lawyer.

Thanks

Qjcnew
Click to expand...

My lawyer told the same thing. My LC says BS+6yrs exp. I had these qualification before joining the employer. My lawyer told me that we can claim EB2, but it is upto USCIS to decide. He told me that, one has to argue strongly to claim EB2 if does not have MS. Then I did research. I found a nice INS memo relesed in 2000 that clearly explains how to adjudicate EB2 claim.
Now I feel comfortable & waiting for my LC

One important issue is the 5 years exprience should be progressive after BS, if you do not have MS.

See the following link

http://www.immigrationlinks.com/news/news215.htm
 
eppo_varum_enGC said:
My lawyer told the same thing. My LC says BS+6yrs exp. I had these qualification before joining the employer. My lawyer told me that we can claim EB2, but it is upto USCIS to decide. He told me that, one has to argue strongly to claim EB2 if does not have MS. Then I did research. I found a nice INS memo relesed in 2000 that clearly explains how to adjudicate EB2 claim.
Now I feel comfortable & waiting for my LC

One important issue is the 5 years exprience should be progressive after BS, if you do not have MS.

See the following link

http://www.immigrationlinks.com/news/news215.htm
Click to expand...

Also, according to the memo, note that mere absence of the word "progressive" in ETA 750A blocks 14 and 15 cannot be grounds for denial of EB2 petition...The petitioner can clarify that he actually meant BS+5 yrs of "progressive" exp. when he stated "BS+5 yrs of relevant exp." on ETA 750A.
 
Thanks

Thanks for everyone 's information. Actually, I have a master degree , but my employer doesn't want to put the master degree in the job description. So I thought B+5 would be an alternative. But My lawyer insist that B+5 wouldn't qualify EB2. That is why I need an official document to show him.
 
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