No Title
Thanks Yeskay. I Got this info from immigration-law.com.
I have BE(4 yrs degree)+61/2 yrs experience.
INS HQ at last released the long-awaited memorandum settling all the puzzles relating to the "equivalent"
to Master\'s degree issues for the EB-2 qualification in connection with ETA 750 Part A. Good news. It
has accepted all the liberal views, overriding the narrow and conservative views of some of the Service
Centers.
This memorandum is relevant to those who do not have a master\'s degree but attempt to make EB-2
case. The following rules clarify how BS or BA people can make EB-2 case when employer requires 5
or more years of work experience. The following summary requires the reader\'s understanding of the
issues surrounding Master\'s equivalent issues.
Summary:
(1) INS cannot reject EB-2 petition where "progressive" language is not written in ETA 750, Item
14 of ETA 750 Part A.
(2) Each of the following option is acceptable for EB-2, each standing alone:
(a-1) Item 14: Education - M.S., M.A., or Equivalent; Experience - 0
(a) Item 14: Education - B.S. (or foreign equiv); Experience - 5 years job offered or related
occupation
(b) Item 14: Education - M.S.or equiv**; Experience - 3 years job offered or related
occupation, and in Item 15: **Will consider candidates with BS and 5 yrs experience.
(c) Item 14: Education - M.S. or equiv**; Experience - 3 years job offered or related
occupation, and in Item 15: Bachelor\'s degree in XXX or academic equivalent, and 5 years
of progressive experience will substitute for Master\'s degree in XXX and 3 years of such
experience.
Revolutionary rule: "Unless the ETA 750 clearly and explicitly requires that the level of
experience that a Master\'s applicant must have must be post-magisterial experience," in both (b)
and (c) above, the applicant does not have to prove BS+5 yrs+3 yrs exp. The 3 years of
experience requirement can include the 3 years which are used to make up "5 years." In other
words, simply BS+5 yrs of exp requirement in (b) and (c) above makes it equivalent to MS+ 3 yrs
exp requirement, unless additional experience is clearly and explicitly required by the
employer in ETA 750 Item 14!!! Kudos!!!
By the same token, unless clearly and explicitly required, alien who has just earned MS with no
post-MS experience can meet (b) or (c) if the alien gained such experience before MS.
Salute to the INS HQ!
The foregoing is a summary. Please do not rely on the summary. Actual memorandum will be posted
later.
It is unclear at this time whether the INS will accept a motion to reopen the decision that denied on this
issue. It appears, though, that the applicant who required BS+5yrs in ETA 750 may now consider filing
another I-140 petition for EB-2 if he/she only filed EB-3 petition.
Employers who were reluctant to file EB-2 on the belief that the job would not require a master\'s degree
may reconsider their policy inasmuch as they agree that the job requires BS + at least 5 years of
experience. Such new policy will be very helpful to the Indian and Chinese professional employees who
will face a serious priority date retrogression from April 2000
