EB-3 or EB2
- Thread starter kesab
- Start date
SAI_GIVE_GC2005
Registered Users (C)
kesab said:
Hi Kesab
It is not your qualification and experience decides EB2 or Eb3. It depends on the requirement of the job offered. ie., the requirement in the advertisement. If your employer offered for Bachelor + 4 years then, it can be filed under EB3 only. If the requirement was Bachelor with 5 years progressive experience or Master degree in same field then you can go with EB2. I am not sure about EB1. If it goes through employer then that has also been related to advertisement.
Note:I am not an Attorney, please check with your Attorney
LaborCleared
Registered Users (C)
EB3 or EB2
Apart from job requirements, it depends on in which category your LC was approved initially. If it was approved in EB3 then you can only file in Eb3, if it is filed in EB2 and approved in Eb2 then you you can file only in EB2.
But check with your immigration attorney.
__________________________
I am not a attorney. Just my opinions.
kesab said:
Apart from job requirements, it depends on in which category your LC was approved initially. If it was approved in EB3 then you can only file in Eb3, if it is filed in EB2 and approved in Eb2 then you you can file only in EB2.
But check with your immigration attorney.
__________________________
I am not a attorney. Just my opinions.
Hi Sai, Laborcleared, thanks.
I have the LC approval letter with me. It does not mention about EB-3 or EB-2. There were 3 combination of qualification/experience mentioned in the ETA 750 as certified:
Bachelor+4 which is EB-3 and,
MS+3, PhD+2 which are for EB-2.
Just confuse which category to file: Attorney is saying to file EB-2 to save time. If CIS determines that it should be EB-3 do u think they will straight deny my case, or ask me to resubmit, or simply approve as EB-3? Please comment. thanks
I have the LC approval letter with me. It does not mention about EB-3 or EB-2. There were 3 combination of qualification/experience mentioned in the ETA 750 as certified:
Bachelor+4 which is EB-3 and,
MS+3, PhD+2 which are for EB-2.
Just confuse which category to file: Attorney is saying to file EB-2 to save time. If CIS determines that it should be EB-3 do u think they will straight deny my case, or ask me to resubmit, or simply approve as EB-3? Please comment. thanks
SAI_GIVE_GC2005
Registered Users (C)
kesab said:
Hi Kesab
There are no EB3 or EB2 category in labor level. It begins only after getting LC approved. Whatever I explained in plain english as requirement in advertisement, Laborcleared explained it further techincally with the meaning in the form. We both are talking about the same. So if your employer advertised as PhD+2 years also one of the 3 requirments as like (Bachelor +4 or MS+3 or PhD+2)then you can even file in EB1 or EB2 or EB3. For example my employer advertised and mentioned in ETA as Bachelor and 5 years experience. If the employer expects 5 years progressive exp then it will be Eb2 for my case. So we were thinking to file in EB2. But due to some reasons, as my qualification will not be suitable for EB2 and also the requirement was not progressive experience, the attorney filed it in EB3 on a safer side. So the ETA information regarding requirement will be taken into consideration for filing in which category. But it depends on the interpretation.
But defenitely it is not related to what qualification or experience you have!!!
Again check with your Attorney and find which one is good for you, as it looks like very typical case in your case, as it works for all three categories Eb3 , EB2 and EB1
Kesab,
Just for your information, a PhD does not automatically entitle you to the EB-1 category (see criteria below). I have a PhD and my lawyer recommended EB-2 because it was so difficult to prove to USCIS that you were 'extraordinary'. Sometimes they set the bar low, sometimes high, depending on the adjudicating officer.
EB-1 allows you to skip the labor cert process but as you have a labor certification you will not be saving any time going for EB-1.
The only other consideration is the availability of a visa number if you petition is approved. A handful of countries have a backlog and applying for a higher category may mean that your date becomes current earlier. I am not sure if EB-2 has a backlog because I wasn't in that situation.
Just my $0.02 worth
An alien’s “extraordinary ability” in the arts, sciences, business, education, or athletics must be demonstrated by sustained national or international acclaim. His or her achievements must be recognized through extensive documentation in the field, and must represent a level of expertise reached by only a small percentage of people at the very top of the field. For example, evidence of the receipt of a major, internationally recognized award – such as a Nobel Prize or Academy Award – will establish EB-1(a) qualification. Alternatively, without such an award, an alien may establish qualification by producing documentation of at least three of the following:
• Receipt of a lesser nationally – not necessarily United States – or internationally recognized prize or award for excellence in the field;
• Membership in associations in the field that require outstanding achievements by their members;
• Published material in a professional or major trade publication, or in the major media, related to the alien or the alien’s work in the field, or scholarly articles in the field written by the alien and published in a professional journal or in the major media;
• A judicial role – individually or as part of a panel – over the work of others in the field;
• Original scientific, scholarly, or artistic contributions of major significance;
• Display of the alien’s work at artistic exhibitions or showcases;
• Performance of a leading or indispensable role for organizations or establishments with distinguished reputations;
• Past command of a high salary, or other significantly high remuneration, for services performed in the field; or
• Commercial successes in the performing arts.
Just for your information, a PhD does not automatically entitle you to the EB-1 category (see criteria below). I have a PhD and my lawyer recommended EB-2 because it was so difficult to prove to USCIS that you were 'extraordinary'. Sometimes they set the bar low, sometimes high, depending on the adjudicating officer.
EB-1 allows you to skip the labor cert process but as you have a labor certification you will not be saving any time going for EB-1.
The only other consideration is the availability of a visa number if you petition is approved. A handful of countries have a backlog and applying for a higher category may mean that your date becomes current earlier. I am not sure if EB-2 has a backlog because I wasn't in that situation.
Just my $0.02 worth
An alien’s “extraordinary ability” in the arts, sciences, business, education, or athletics must be demonstrated by sustained national or international acclaim. His or her achievements must be recognized through extensive documentation in the field, and must represent a level of expertise reached by only a small percentage of people at the very top of the field. For example, evidence of the receipt of a major, internationally recognized award – such as a Nobel Prize or Academy Award – will establish EB-1(a) qualification. Alternatively, without such an award, an alien may establish qualification by producing documentation of at least three of the following:
• Receipt of a lesser nationally – not necessarily United States – or internationally recognized prize or award for excellence in the field;
• Membership in associations in the field that require outstanding achievements by their members;
• Published material in a professional or major trade publication, or in the major media, related to the alien or the alien’s work in the field, or scholarly articles in the field written by the alien and published in a professional journal or in the major media;
• A judicial role – individually or as part of a panel – over the work of others in the field;
• Original scientific, scholarly, or artistic contributions of major significance;
• Display of the alien’s work at artistic exhibitions or showcases;
• Performance of a leading or indispensable role for organizations or establishments with distinguished reputations;
• Past command of a high salary, or other significantly high remuneration, for services performed in the field; or
• Commercial successes in the performing arts.
SAI_GIVE_GC2005
Registered Users (C)
stevphel said:
You are also correct stevphel. EB1 is very tough.
Thanks Stevephel for your suggestions. Infact I also submitted a self petition for NIW for which I got a long RFE (I think it is a template they use for NIW) asking for lot of evidence including reference letters (which I did not submit earlier). I am in the process of replying to this RFE along with reference letters now also (even if approval chance is low).
At the same time this LCA got approved last week. Therefore I am going to apply with I-140 now. As I understood from Sai I have now option for EB-3, EB-2, and even EB-1. EB-2 is also current now. Therefore to be safe I will go for EB-2. My lawyer is also asking me for that.
By the way, may I know where I can find the eductaional qualification/experience combination criteria for EB-2 and EB-1. I see that CIS page mentiones about advanced degree as BS+5 but have not mentioned anything about MS and PhD. Could anybody give me the web page link? Thanks for your time
At the same time this LCA got approved last week. Therefore I am going to apply with I-140 now. As I understood from Sai I have now option for EB-3, EB-2, and even EB-1. EB-2 is also current now. Therefore to be safe I will go for EB-2. My lawyer is also asking me for that.
By the way, may I know where I can find the eductaional qualification/experience combination criteria for EB-2 and EB-1. I see that CIS page mentiones about advanced degree as BS+5 but have not mentioned anything about MS and PhD. Could anybody give me the web page link? Thanks for your time
EB-2 requires an advanced degree in the professions (i.e. masters) or BS +5 years as the MINIMUM requirement for the job.
see: http://www.immigrationlinks.com/news/news215.htm
Very interesting discussion at:
http://www.usvisanews.com/articles/memo263.shtml
"To their dismay, the INS frequently denied EB-2 status in such cases, holding that the labor certification itself must stipulate that a master's degree is a minimum requirement for the position"
"Also problematic have been situations where an employer listed a requirement of only a master's degree on a labor certification, and the alien beneficiary possesses only a bachelor's degree but at least five years of experience in the specialty field. The INS has denied these EB-2 petitions on the grounds that the beneficiary did not possess the degree stipulated by the labor certification. "
see: http://www.immigrationlinks.com/news/news215.htm
Very interesting discussion at:
http://www.usvisanews.com/articles/memo263.shtml
"To their dismay, the INS frequently denied EB-2 status in such cases, holding that the labor certification itself must stipulate that a master's degree is a minimum requirement for the position"
"Also problematic have been situations where an employer listed a requirement of only a master's degree on a labor certification, and the alien beneficiary possesses only a bachelor's degree but at least five years of experience in the specialty field. The INS has denied these EB-2 petitions on the grounds that the beneficiary did not possess the degree stipulated by the labor certification. "
Thank u so very much Stevphel, yes the links you provided will give me the information what I wanted. You seem to be quite knowledgeable in this area. I feel, my case would have been a straight cut if my LCA would have been approved for BS + 5, instead of BS+4 (and MS+3, PhD+2). But my employer could not do it because this requirement for this job has been approved for the state government service, and it is there for so many years. By the way I work for state government. So I will try my luck in EB-2. What worst decision I may expect to see: do u think CIS will deny. In that case do I have another chance to resubmit uner EB-3 (in this case I will probably have to send the Fees again)? Or just approve as EB-3, or may be send a RFE?..thanks for your time
Worst case: BCIS can say that the minimum requirement is BS+4 which does not qualify for EB-2. It will depend on the adjudicator's diligence - no way to give a probability.
If denied, you can re-file for EB-3 without prejudice (just a big loss of time). The only other issue is that you are still in a legal status (e.g. H1B) after they deny the EB-2. If you are out of status you will have trouble refiling as EB-3.
The solution: Just keep renewing/extending your H1 and be prepared to immediately file EB-3 if you are denied on EB-2. If you are not subject to priority dates on EB-3 you might want to consider filing for EB-3 in the first place and saving some sleepless nights
The processing times appear to be the same but you might want to check on this.
If denied, you can re-file for EB-3 without prejudice (just a big loss of time). The only other issue is that you are still in a legal status (e.g. H1B) after they deny the EB-2. If you are out of status you will have trouble refiling as EB-3.
The solution: Just keep renewing/extending your H1 and be prepared to immediately file EB-3 if you are denied on EB-2. If you are not subject to priority dates on EB-3 you might want to consider filing for EB-3 in the first place and saving some sleepless nights
The processing times appear to be the same but you might want to check on this.SAI_GIVE_GC2005
Registered Users (C)
kesab said:
even it should not be BS + 5 years. It should BS with 5 years PROGRESSIVE exprience. But as I said earlier your case is very typical. It is better check with your attorney. I think CIS may send RFE, if it does not qualify for EB2. Probably RFE should tell to reaply in EB3. In that case your employer either can do accordingly. As I repeatedly informing you, check with Attorney.