EB2 case MS+5

B

braniand

Registered Users (C)
Hi guys, is MS+5 considered good enough for EB2? Has anyone filed this before? Can I use experience from other employers but before my MS completed? Is the requirement only for BS or for MS as well?
 
My position asked for MS+2 and got approved, and yes I used experience before as well as during my MS.

braniand said:
Hi guys, is MS+5 considered good enough for EB2? Has anyone filed this before? Can I use experience from other employers but before my MS completed? Is the requirement only for BS or for MS as well?
Click to expand...
 
braniand said:
Hi guys, is MS+5 considered good enough for EB2? Has anyone filed this before? Can I use experience from other employers but before my MS completed? Is the requirement only for BS or for MS as well?
Click to expand...

Yes you can use it for EB2. But your prevailing wage is likely to be very high (Level III or Level IV) due to a lot of experience requirement on top of a Master's level degree. Think about it.

Any post-bachelor's experience can be used towards the job. You canot use experience gained before you attained Bachelor's degree. So this is not an issue for you as long as you worked after BS and before MS to gain the work experience.
 
So from what I understand I can apply for EB2 if position required MS+2 with my experience from other employers after my BS but before my MS. I cannot use experience with the same employer, right? But then on ETA 9089, what experiences am I to put for the alien, it says the last 3 years, but my last 3 are with this employer in a different position. Can I list other experiences as well? Also do I say I am employed currently if I am not employed in the position for which we seek certification.

Thanks a lot in advance
 
braniand said:
So from what I understand I can apply for EB2 if position required MS+2 with my experience from other employers after my BS but before my MS. I cannot use experience with the same employer, right? But then on ETA 9089, what experiences am I to put for the alien, it says the last 3 years, but my last 3 are with this employer in a different position. Can I list other experiences as well? Also do I say I am employed currently if I am not employed in the position for which we seek certification.

Thanks a lot in advance
Click to expand...

Yes, you cannot use experience gained with the sponsoring employer unless job duties for which you are being sponsored are at least 50% different.

It says last 3 yrs.....However, it also allows you to put any other work experience that is relevant to the job if you plan to use it.

To have a smooth sailing case, if possible, it is best to avoid using the experience gained with the sponsoring employer and to answer "YES" for the question that asks whether the alien is currently employed by the sponsoring employer.
 
Question J23

Does anyone else have experience with question J23. If the alien is currently employed by the petitioning employer but in a completely different occupation does that mean that question J23 must be answered NO?

In other words J23 Is the alien currently employed by the petitioning employer? - when is this to be answered YES?

Thank you in advance
 
I think as long as you are employed by the company, no matter what the position is the answer should be "YES". This is my personal view please confirm with your attorney.

Thanks
 
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