EB2 eligibility

M

muchadus

Registered Users (C)
Hi guys,

My 140 and 485 is already denied (took 4 years to come this stage) based on education. look my thread under
http://boards.immigrationportal.com/forumdisplay.php?f=190
with thread title
" 485 denied under title 8, code of federeal regulatoins, part 245.2(a)(2)(i) "

I'm thinking to file new LC again using PERM if possible wants to go for EB2.

My education is from India.
12th + 3 Diploma engineering + 3 year bachelor of arts(economics) from + 1 year post graduate dipolma in Computer Application.

I started working in computers in jan 1992 (total 13 years of experience) and have contineous experience on oracle technologies. I'm very poor at legal interpretation.

What do you think am I eligible for EB2 for my complete GC process.

All of your inputs are really appreciated.
 
Last edited by a moderator:
Depends entirely on the job description provided in your Labor Certification. If the job requires a masters degree or equivalent in computers and you have such a degree, you might be eligible to apply under EB2. If LC specifies acceptance of a bachelors degree along with at least 5 years of relevant post baccalaurate experience that is also considered under EB2.
 
You will require the following
1. Computer S/W Engineer title.
2. Salary as per worlk location specified in O*NET ONLINE
3. Batchelors + 5 yrs in LC JOB requirement.
 
How do these people think that US Master's degree is as good as Bachelor's + 5 years of work experience? I dont think US Master's degree is anyway comparable to 5 yrs work experience. Is it a must that Labor certification require Master's or can it require just Bachelor's/Masters and 5 YEARS of experience?
 
ram_ram said:
How do these people think that US Master's degree is as good as Bachelor's + 5 years of work experience? I dont think US Master's degree is anyway comparable to 5 yrs work experience. Is it a must that Labor certification require Master's or can it require just Bachelor's/Masters and 5 YEARS of experience?
Click to expand...

Get yourself verified USCIS memo dated March 20,2000. It clearly instructs the all the service Centers to approve immigration petition in EB2 class, if it requires 5 years progressive exprience after Bachelor's Degree. INS has clearly explained with examples.

How do you say US masters degree is not comparable with work exprience?. The work exprience is different and studying in a school is different. If some one with BS degree working five years in NASA doing rocket science is very much superior than a fresh guy comes out of school with MS.
 
unitednations posted a latest breaking news.
Anyway, you are right about the logical and actual difference between a fresh MS student vs experienced professional. But this is how it works here. eveybody knows there are lot of illegal immigrants who can't even speak english got GC without any problems and somebody a real qualified and experienced got trapped into this bad situation and left with no option but to go back to native country.

After reading unitednations post, I believe Its not possible to prove me eligible of EB2.

Thanks.
 
Gc_puli said:
Get yourself verified USCIS memo dated March 20,2000. It clearly instructs the all the service Centers to approve immigration petition in EB2 class, if it requires 5 years progressive exprience after Bachelor's Degree. INS has clearly explained with examples.

How do you say US masters degree is not comparable with work exprience?. The work exprience is different and studying in a school is different. If some one with BS degree working five years in NASA doing rocket science is very much superior than a fresh guy comes out of school with MS.
Click to expand...

I meant the same. A BS Guy with 5 yrs real time work experience is definitely more worth than a MS guy who just comes out of school with some Independent study Project or some Assignments..
 
I Think it is 10years not 5years. Pls read the below description.

http://www.usvisanews.com/eb2.html

DESCRIPTION: This category is for aliens of "exceptional ability" in the sciences, arts, or business, and advance-degree professionals. An advanced degreed is classified as a master's degree or higher. Note that the standard here is "exceptional" rather than "extraordinary." An alien of "exceptional ability" is defined as alien possessing a degree and expertise above that normally found in his or her field. Evidence of "exceptional ability" includes: an official academic record demonstrating that the alien possesses the degree; letters from employers indicating that the alien has at least 10 years of experience in the job sought; licensure or certification in the profession (if the profession requires it); membership in professional associations; and documentation of recognition for achievements and significant contributions to the field. With respect to the advance-degree aliens, the job offer must also require the advance degree. In addition, this category requires a labor certification and a job offer, with the exception of an alien qualifying for a National Interest Waiver. There are approximately 40,000 visas issued annually plus visas not used by the EB1s.

SUMMARY OF REQUIREMENTS:


Advance degree or exceptional ability
A Job offer (With respect to the Advance degree the job offer must require the advance degree
Labor Certification (With the exception of the NIW)
 
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