EB2 or EB3

LC-2002

Registered Users (C)
My impressions is that unless you have a PhD you can't apply for EB2. A friend of mine has recently applied for PERM (EB2) based on a Masters degree and 5 yrs experience. Since I also fit that profile I am wondering if I should do the same. You can probably see from my signature that my I-140 was recently received.
 
LC-2002 said:
My impressions is that unless you have a PhD you can't apply for EB2.

You can apply for EB2 with a Bachelors degree plus experience, depending on how the LC is written.

Since I also fit that profile I am wondering if I should do the same. You can probably see from my signature that my I-140 was recently received.

Your qualifications are only part of the deal - the job as described in the LC must qualify for EB2 as well. Unless you want to start again from scratch (and get a 2006 priority date) you're stuck.
 
The job description when we filed the LC required, a BS and 4 yrs of experience. Is the EB? category determination made by BCIS or does the applicant file under a specific category.
 
www.immigration-law.com



05/09/2006: BS or MS Degree and Equivalence and NSC Position

This has been a challenging issue for the NSC. Since all the I-140 petitions are filed with the NSC and at least the half of the cases will be adjudicated by the NSC, it is important to learn the NSC's positions on the following issues. According to the NSC Director, the following are the current positions of NSC:

Bachelor or Master degree must meet two requirement: One is the number of years in schools. Second is the specialty courses. From these standards, the NSC appears to take the following positions:

12 years in elementary and high school + 3 year Bachelor of Science degree in India + 2 years of Post Graduate Diploma or Master degree = Not Equivalent to a Master's degree for the reason that generally 18 years in school is required for a master's degree. Since one of post graduate program is taken out for Bachelor's degree equivalency, it may not necessarily prove a master's degree, according to the NSC. Such background may likely be used to prove a bachelor's degree equivalency.

12 years in elementary and high school + 3 year Bachelor of Science degree in India + 3 years of Post Graduate Diploma or Master degree= Master degree equivalent.

13 years in elementary and high school in European countries + 3 year Bachelor of Science degree= Maybe equivalent to a Bachelors degree in the U.S.
Two 2-year degrees at the same level = Not equivalent to a Bachelor's degree. Accordingly, two AA degrees will not make a Bachelor's degree equivalent. The opinion may be different if the second 2-year program requires the first 2-year degree as prerequisite to the admission.
NSC also confirms the following policies:

Alternative requirement of "MS + 1 year Experience or BS + 3 or 4 year Experience" in the Labor Certification = Not qualified for EB-2

Stand-alone BS + 5 years of progressive experience without the alternative requirement of MS in the Labor Certification = Qualified for EB-2.
 
EB2 - Minimum MS or 5 years of progresive experience after BS

Hi LC-2002,

The minimum crieria for EB2 is : Minimum MS or 5 years of progressive experience after BS.

BS+4 would definitely not qualify as EB2.

Also it depends not just on the candidate's qualifications and experience. The LC should explicitly state that.


LC-2002 said:
The job description when we filed the LC required, a BS and 4 yrs of experience. Is the EB? category determination made by BCIS or does the applicant file under a specific category.
 
Thanks guys, that clarifies it. We've already applied for I-140 so I guess I am stuck in the EB3 queue.
 
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