BS or MS Degree and Equivalence and NSC Position. MS+1 years not equla to EB2

L

leo09

Registered Users (C)
MS+1 years not equal to EB2

From immigration-law

NSC also confirms the following policies:
MS + 1 year Experience or BS + 3 or 4 year Experience in the Labor Certification = Not qualified for EB-2
Stand-alone BS + 5 years of progressive experience without the alternative requirement of MS in the Labor Certification = Qualified for EB-2.

full article at http://www.immigration-law.com/


Do you guys know of anyone who has had labour approved with MS+1 years of expereince from NSC?What happens if you file with this qualification. Do they reject the Eb2 filling.
 
Last edited by a moderator:
Hi

Hi,

Trust everyone is doing good. I had labor approved as
Primary Requirement : MS+1 year (H4, H6 of labor Certification)
and Alternate BS +6 years. (H8 of labor Certification)

If I read between the words at immigrationlaw.com

Alternative requirement of "MS + 1 year Experience or BS + 3 or 4 year Experience" in the Labor Certification = Not qualified for EB-2
Stand-alone BS + 5 years of progressive experience without the alternative requirement of MS in the Labor Certification = Qualified for EB-2.

It states that Alternate requirement of MS + 1 year does not qualify for EB2.
Does that indicate for columns H4,H6 or H8 of labor certification form.

Advise would be greatly appreciated.
Thanks
Best Regards,
Sachin
 
Thx unitednations

Thanks for the quick reply, I also misread the statement and was very panicky.
Thanks a bunch for clarifying.
 
Thanks for the clarification

United nations.
Thanks for the information. It is kind of confusing.
 
unitednations said:
you are getting it wrong.

In the past to get a labor approved the primary and secondary requirement had to be substantially similar. DOL's stance was that bachelors plus two years =masters degree.

Therefore, attorney's would put bachelors plus five or masters plus three which was considered substantially equivalent to each other.

However, DOL softened their stance and saying bachelors plus five could be equal to masters or masters plus one and they would approve it.

Some attornies in trying to satisfy DOL; they would put bachelors plus three or masters plus one. Nebraska and uscis for that matter says that to be an advanced degree; and there is two requirements; neither requirement can be below bachelors plus five or masters. If one of these requirements is below this then it doesn't qualify for eb2.
Click to expand...

Thanks for information. The last line in NSC policy confuses me. My LC is pending with following requirements :

College Degree Master's Degree
special requirements:Bachelor's degree plus five years of progressive experience will subsitute for MS Educational experience

I have BS + 5 years of documented experience. My Lawyer says it is for EB-2. Does it qualify for EB-2 or it does not.

Thanks in advance.
 
unitednations said:
yes it qualifies. I'm attaching a denial notice which will shed some light on this for everyone.


Note: i've written about this in the past that there could be a problem with a perm labor where the perm required bachelors plus five or masters and there is a note in the labor that "any suitable combination of trining/education/experience is acceptable".
Click to expand...
Thanks unitednations
 
unitednations said:
you are getting it wrong.

In the past to get a labor approved the primary and secondary requirement had to be substantially similar. DOL's stance was that bachelors plus two years =masters degree.

Therefore, attorney's would put bachelors plus five or masters plus three which was considered substantially equivalent to each other.

However, DOL softened their stance and saying bachelors plus five could be equal to masters or masters plus one and they would approve it.

Some attornies in trying to satisfy DOL; they would put bachelors plus three or masters plus one. Nebraska and uscis for that matter says that to be an advanced degree; and there is two requirements; neither requirement can be below bachelors plus five or masters. If one of these requirements is below this then it doesn't qualify for eb2.
Click to expand...

Hello United,

I have a 3 yr B.S degree + a 2 yr American degree (M.S). I am confused how NSC will perceive my case? Am I equivalent to any other Master's degree holder or am I equivalent to a B.S degree ?

Thanks
 
Hello UN,
What happens if the primary requirement is MS+6months experience and there is no alternate combination acceptable? Does this qualify as EB2?

Thanks in advance.

unitednations said:
you are getting it wrong.

In the past to get a labor approved the primary and secondary requirement had to be substantially similar. DOL's stance was that bachelors plus two years =masters degree.

Therefore, attorney's would put bachelors plus five or masters plus three which was considered substantially equivalent to each other.

However, DOL softened their stance and saying bachelors plus five could be equal to masters or masters plus one and they would approve it.

Some attornies in trying to satisfy DOL; they would put bachelors plus three or masters plus one. Nebraska and uscis for that matter says that to be an advanced degree; and there is two requirements; neither requirement can be below bachelors plus five or masters. If one of these requirements is below this then it doesn't qualify for eb2.
Click to expand...
 
United,

I would appreciate any pointers to my situation. I have a M.S degree in U.S with a 3 year B.S degree. How would NSC treat my case??

Thanks
 
unitednations said:
If labor has two requirements it is eb2 if both requirements meet definition of advance degree: bachelors plus five or masters

If labor states: any combination of education/experience along with above requirements then it does not meet eb2 requirement.
Click to expand...

Unitednations - could you please explain this? I've seen the denial letter posted on these boards, but it's not a PERM application and it does define equivalent as "any combination of degress, certificates, credits and diplomas". Do you know of any cases, when PERM LC with that phrase actually got reclassified from EB2 to EB3?
I have a PERM LC, that requires BS+5 as primary or MS+3 as alternative and since I'm going as MS+3 and in any case my experience is alternative too (engineer), while position is a manager, we had to use the "any suitable combination phrase" to avoid Kellog. Also box 14 says "all stated experience must be progressive, post-bachelor experience doing <technical stuff>". Do you think I'm in trouble?
 
Last edited by a moderator:
unitednations said:
PERM labor, regular labor there is no difference. If it has that line then nebraska won't consider it an advance degree.

btw; what immigration-law.com posted is nothing new. Nebraska generally has been doing this all along. The only reason it was posted is that some attornies have gotten their cases denied because they didn't do the proper research and they have asked nebraska to clarify. As i said, this is nothing new; it has been this way all along.
Click to expand...
Do you have a link to Nebraska quote that I can show to my lawyer? Thanks!

As for the immigration-law.com, it may be nothing new, but all I-140 cases going to Nebraska is new since Apr 1 :)
 
Last edited by a moderator:
unitednations said:
regarding the any suitable combination; show him the decision that I posted. I know the person who that decision related to. His attorney thought nebraska was wrong and researched it and then accepted blame. Instead of appealing; they re-filed in eb3 and it was approved. The denial, i posted happened in february.
Click to expand...

Thanks!
Do you think it is an automatic denial? I can see the logic in the denial letter you posted, however, considering the pretty much a requirement to have "any suitable combination..." in LC to avoid Kellog, not so sure.
Basically, I started thinking about my options, may be resubmitting LC w/o alternative education (I have more than 5 years of experience, so can qualify as BS + 5), but - the position in the Labor Cert is IT Manager and all of my previous experience was engineering, in early years simply a software engineer. So we'd have to use the suitable combination sentence regardless - just not to fall under the Kellog case. And if it means automatic reclassification from EB2 to EB3, that would effectively mean no one with "alternative" (which essentially what progressive experience is) experience can qualify for EB2?
 
Last edited by a moderator:
unitednations said:
As I explain to people; DOL relies on different laws to form their procedures. USCIS uses different laws.

DOL says person has to meet both critieria of labor or they need the statement.

USCIS says person only needs to meet one of the requirements.

DOL says you cannot use experience gained with the employer

USCIS says you just need to meet education/exp. requirement before the priority date of the labor.

What is a solution for one stage can cause a problem at another and vice versa.
Click to expand...
Exactly, it seems there is a conflict here.

It is better to not file perm labors with alternative requirements.
Click to expand...

So far to me it seems it's best to avoid the "magic sentence" and fight with DOL get LC passed w/o it, though while it may be possible with the education, but with alternative experience (i.e. engineer experience for management position) it is exactly like the Kellog case and perhaps DOL is correct to want it there..
If that's not possible, it seems MS+0 or BS+5 years in the exactly same occupation is the only way to avoid the use of "any suitable combination"?..

In any case, thanks so much!
 
Hello Friends,
I am in the similar boat as others. My company first filed through old GC application (as EB2) and later it also applied through PERM (As EB3).

Recently both of the labors got approved.

My company lawyer has applied for 140 using EB2 labor.

Following is my Job requirements we used for both (I am not sure which requirement we used for which category) :

Job Rquirement 1:
Minimum Education: BS EE/CS

Min. Experience: 3 years

ALTERNATIVE combination: will accept MS EE/CS and 6 months telecommunications experience in lieu of BS & 3

Job Rquirement 2:

Minimum requirements: MS or foreign degree equivalent in EE/CE/CS and 6
months of related experience.

Can you guys tell me Do I will have any problems with any of the requirements mentioned above for my 140 application?


Thanks InAdvance
-Madhu
 
Sorry I forgott to mention :
I did masters here in US and 6 months of experience before joining my present company.

-Madhu
 
EB2 or EB3 confused

just confused i got perm approval today

my situation was MS + min 1 years of experience,
in section H of question 7 .ETA 9089 is there any alternate feild of study that is acceptable we choosed (no)
8)Is there any alternate combinition of education and experience that is acceptable (no)
10) Is experience in alternate occupation acceptable (yes) no of months =6
my case MS( mechanical engineering) + 1 years of experience

i wanted to know which catagory do i fall in Eb2 or 3 please help united nations or anybody... greatly appreciated
 
Alternate education approvals under PERM

Wondering if there are any approvals with alternate education for Eb2 with PERM. I have MS is Chemical but working as software engineer \IT specialist since I graduated 5 years back. My PERM is currently applied as MS+1 year as per my attorney’s suggestion,

Curious if there are any approvals with similar situation? Any suggestions appreciated.

Thanks
 
You must log in or register to reply here.
Top