EB2 Qualifications

L

LCNov01

Registered Users (C)
Hi,
I have bachelors and 5 years of work experience.
Do I qualify for EB2?
I appreciate your thoughts!
 
Slight qualification

As long as the Bachelor's degree is equivalent to a US 4 year degree (3 year degrees will not be certified as equivalent) and the education and work experience (exactly) matches what the employer is seeking in the labor certification.
 
Folks,
I received my Masters degree after I started my job (in 1 year). My lawyer is saying that I would be classified as EB3 and not EB2 because when I was hired I had a Bachelors degree and few years of experience and they have to go with that and not with the qualification that I have at the time of submission of labor application. Is this correct?
 
What is important is what the job requires. Just because you have a masters degree does not mean that you automatically qualify to apply under Eb2, the job should require a masters degree and this shoud be stated clearly in the LC application.
 
nkm-oct23 said:
What is important is what the job requires. Just because you have a masters degree does not mean that you automatically qualify to apply under Eb2, the job should require a masters degree and this shoud be stated clearly in the LC application.
Click to expand...

NKM-oct23,

The job requires BS with some exp or MS degree. The point where I get confused is that lawyer is putting me in EB3 just because I did not have MS when I started my job. But I have my MS degree when the lawyer is ready to file LC and I140.

In other words, employment based visa categories are determined based on employee's qualifications when he/she was hired or based on his/her qualifications at the time of filing LC and I140/I485.
 
explorer_inc said:
NKM-oct23,

The job requires BS with some exp or MS degree. The point where I get confused is that lawyer is putting me in EB3 just because I did not have MS when I started my job. But I have my MS degree when the lawyer is ready to file LC and I140.

In other words, employment based visa categories are determined based on employee's qualifications when he/she was hired or based on his/her qualifications at the time of filing LC and I140/I485.
Click to expand...

if the position requires masters, usually the experience earned before the masters is not taken into account
And also experience with the current company is also not considered if the same company is sponsoring the green card.
So in your case effectively you will not have any experience.

If you have five years of experience before joining this employer after your B.S. degree you may qualify for EB2.

Again if you have done masters in India there might be some other questions.
 
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