Do I qualify for EB2?

[PALKI]

My employer is about to start my green card process. The job requirement is 5+ experience and a bachelors. I have 4.2yrs of full time experience outside my current company, 1 year of internship during my Masters and a bachelor degree. My internship was a combination of full time and part time. My masters and work experience has been in the US. Would the 4.2 yrs of full time and 1 year of internship (part time/full time) be enough for the 5+ years and bachelors required for EB2?

Thanks,
Palki

 

[BigJoe5]

You have a Masters therefore, the Bachelors plus 5 years does not apply.


INA 203 (b)

(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -

(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, an d whose services in the sciences, arts, professions, or business are sought by an employer in the United States.

8 CFR 204.5

(k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. (1) Any United States employer may file a petition on Form I–140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.

(2) Definitions. As used in this section: Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.

Does the job description make any reference to an applicant with a Master's Degree and the number of years of experience that that applicant requires?

 

[PALKI]

Hi BigJoe5,

No the job description does not make any reference to the applicants Master's Degree. But it mentions a minimum requirement of 5 years experience and a bachelors degree in the related field.

 

[BigJoe5]

Hi BigJoe5,

No the job description does not make any reference to the applicants Master's Degree. But it mentions a minimum requirement of 5 years experience and a bachelors degree in the related field.

Is this job already in existence and is there already an existing job description normally used in the compnay for ALL employees (U.S. and foreign)?

IF yes, then you are stuck with it.

IF no, and it is being put together just for you, consult the OOH at http://www.bls.gov/oco/ and see if the Masters is discussed for that occupation.

 

[himanshukesar]

PERM application

You guys can consider me new to this..I have just started talking to my employer regarding Green Card process and they are most likely going forward on this.

Brief about myself:

I am working as Software Tester/QA for more than 7 years. I am an INDIAN and has a 3 yr Bach. in Commerce from Delhi University and a 4 year diploma in Computers from NIIT India(did it simultaneously). I am working here since June 2007 first on L1B then on H1B and again on H1B for different employer..

I am just wondering if I am even eligible for Green Card and if yes then under which category EB2 or EB3?

Or if there is anything I can do to make my case more stronger..

I have a 8 months old daughter born in US. (Don't know if that matters but just thought to throw it here)

Any help/comments will be highly appreciated..