diff btw skilled worker and professional

kpallekonda

Registered Users (C)
Hi everybody,

I am very new to this forum. and I want to apply for labor. I have a quick question.

1) Whats the diff btw skilled worker and professional in EB3 category?
2) For EB3/Professional category, do we need experience?


Thanks in advance,
 
Skilled worker positions are not seasonal or temporary and require at least two years of experience or training. The training requirement may be met through relevant post-secondary education.

Professionals must hold a U.S. baccalaureate degree or foreign equivalent degree that is normally required for the profession. Education and experience may not be substituted for the degree.
 
usnycus,

Thanks for your prompt reply. Here I have some questions regarding Bachelors degree. Please can you help me.

My company posted an ad for Programmer Analyst position requiring "Bachelors degree with two years experience".

1) Here Bachelors degree means what?
B.Sc/B.Com/B.A. (or) B.E./B.Tech.

I have a Bachelors degree in Computer Science & Engineering from a Indian University and dont have experience (means 2 years with current company which is not eligible)

2) Can I apply or suitable for the job posted?

For EB3/Professional, must hold a U.S. baccalaureate degree or foreign equivalent degree.

3) U.S. baccalaureate degree or foreign equivalent degree means what? (Engineering/Doctor/Lawyer or ordinary degree like B.A./B.Com/B.Sc.)

Thanks in advance,
 
1) In US Bachelor degree means 16 years of education. It could be anything....BA or BSC

BSC/BA/BCOM (12 + 3) from India is not considered equivalent to US Bachelors degree. BE and B Tech from India are Ok as they are (12 + 4) year's of study.

2) Only based on BSC from India won't make you qualified for the posted job. Both education as well as experience wise.

3) Again, in US Bachelors degree means 16 year's of education or 142 credit hours after high school diploma.
 
Skilled workers, professionals, and other workers.

Thanks usnycus.

Finally what I understood from your reply is, for the position "Bachelor's degree with 2 years experience"

1) If the degree is US Bachelor's degree or forreign equivallent degree (i.e B.E/B.Tech) then 2 years experience required.

-- OR --

2) If the degree is B.Sc/B.Com/B.A.(not equivalent to US Bachelor's degree), then total 4 (2 + 2) years experience required.

Is this correct?

Thanks,
 
If posted ad says "Bachelor's degree with 2 yrs experience" then BSC (12 +3) from India and with 4 year's of experience can't help you. I strongly feel that INS will issue NOF based on education or they might just deny the petition.
 
Can you give me the reason why INS issue NOF or deny the application.

Please clearly tell me which degree and how many years of experience will suit the job posted for "Bachelor's degree with 2 yrs of experience".

Thanks,
 
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Bachelors degree means 16 yrs of education or 142 credit hours after high school diploma. BA/BSc/BCom from India is only 15 yrs of education which INS doesn't consider equivalent to "US Bachelor Degree". That will be the reason for denial or NOF.

For a job requirement "Bachelor's degree with 2 yrs of experience", one need US Bachelor's Degree (16 yr's of education) or equivalent and 2 yrs of experience.
 
Hi,
Maybe this is a possiblility
if your LC in process just compelete one year of Education in the US and then apply for GC anyway nowadays it is taking a long time for LC


Regards,
Benin
 
Thanks usnycus,

Mine kind of same situation. My lawyer advertised “Bachelor's degree/foreign equivalent/ related field with 2 years experience. I am not sure even this will work out either, just trying but not hoping. Any body knows who hold Bachelor's degree and got I 140 approved. This will really help if some got approved, and if they can share their description of advertisement.
 
Hi Cj72,

Are you referring to a 3 year degree and a I-140 approval?


As I see it:

If one has 3 year degree from india (bcom, bsc etc) and does a 1 year study (2 semesters) in the US in say computer science courses, he should then be an equivalent to a US Bachelors Degree (total 16 years). Based on an educational eval, the canditate will have the required equivalent of a US Bachelors. Now if the INS will accept it or not, I am not sure, but it seems like to me they should.

Now ofcourse I am not an attorney and this is my opinion, so please consult a professional in this matter.
 
Hi,
I have a quick question regarding LC filing.


I have Bachelor's degree in Comp. Sc. & Engg. (equivalent US bachelor's degree) and total 6 years experience. But, 2+ years with current employer which is not considered as experience. So, I have only ~4 years experience remaining ( 10 months with X company and 3 years with Y which is first company). Now, the first company X is not in business, closed. So, I can't get experience letters in INS format from Y. Only I can get 10 months experience from recent former employer Y.

In this present labor market, with "Bachelor's degree in Comp. Sc. & Engg with 10 months experience" are there any chances to get LC approved?

Please suggest me.
Thanks,
 
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Experience letter

As far as I remember, either you can get a letter from the company (or appropriate company official) itself or a notarised letter from one of your ex-worker from that company who knows your work in that company.

-Dumeel
 
Thanks Dumeel, for your prompt reply.

What is the process to get the notarized experience letters from ex-worker? Means how to get notarizing the experience letters? Do I and my ex-worker to be present at the lawyer's/some officials office to get notary signature? Please let me know.

Thanks,
 
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Experience letter

Here is the exact wording from my attorney.

This experience must have been gained prior to employment with XXX, Inc. and its affiliates/subsidiaries. If you are unable to obtain these letters, please try to contact a former colleague to sign an affidavit of support for you. These affidavits should also contain the same information required for an employer verification letter: job title, employment dates, short job description and nature of colleague's relationship to you. The affidavit must be signed and notarized.
-----------------------------------------------------------------------------------
The format of affidavit

AFFIDAVIT


I, NAME, a CITIZENSHIP citizen, born DATE OF BIRTH, having been first duly sworn, state the following:

1.

2.

3.

4.

5.

6.

I hereby declare, under penalties of perjury, that the facts stated in this affidavit are personally known to me, and that they are true.



_________________________________
NAME



Signed and sworn to before me on _____________, 200____.




___________________________
Notary Public



My commission expires on __________________________.


-----------------------------------------------------------------------------------
Format of experience letter

SAMPLE EMPLOYMENT VERIFICATION LETTER
TO BE OBTAINED FROM EACH PREVIOUS EMPLOYER
WHERE RELEVANT EXPERIENCE WAS RECEIVED


[TO BE PRINTED ON PREVIOUS EMPLOYER’S LETTERHEAD]



[date]
RE: Employment verification for Mr. John SMITH

To whom it may concern:


This letter confirms the employment of [name] with this company from [date] to [date].

During this period, [name] was employed in the [full/part-time] position(s) of [job title(s) and provide specific dates of each position, if applicable]. In this position, [name] was responsible for [give generic description of position, including duties, responsibilities—if multiple positions were held, give description for each specific position].


Very truly yours,


[signed by company representative]

[name]
[title]

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

It is the job of your attorney to provide you these information. Follow the usual process of notarization.

Good Luck
Dumeel
 
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Affidavit from ex-worker should be on their company letter head or any plain white paper?

And the ex-worker should go to notary's office and sign the affidavit? Because he is not at my place.

Thanks
 
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Addition............

In case you don't have experience letter and company is closed, you can also use job offer letter (...given to you when you joined the company) along with past pay stub (or W2).
 
O.K. Right now I dont have any any details of that company. Forget that option and please answer for the following...

In this present labor market, with "Bachelor's degree in Comp. Sc. & Engg with 10 months experience" are there any chances to get LC approved?

Thanks,
 
In this present labor market, with "Bachelor's degree in Comp. Sc. & Engg with 10 months experience" are there any chances to get LC approved?

Not Much. Even candidate with 2-3 year's of experience are getting denied by DOL. But I think it worth a try.
 
diff btw skilled worker and professional

Thanks usnycus for the answer. But, how can you predict like this? Are there any cases denied by DOL?
 
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