Good News for EB3 3 years degree at NSC.

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Registered Users (C)
06/01/2007: NSC's General Guidelines for EB-2 Educational Requirements and EB-3 Education Requirements

According to the AILA-NSC Liaison minutes of 04/12/2007, the following standards generally applies in determining EB-2 requirement:
(1) U.S. master’s degree – as long as it is in the field required no additional documents would be required
(2) 4 yr bachelor’s degree + 2 yr master’s degree (India) – with degrees in the same or related fields this will generally be considered the equivalent to a U.S. master’s degree with no additional documents required
(3) 3 yr bachelor’s degree + 3 yr master’s degree (India) – with degrees in the same or related fields this will generally be equivalent to a U.S. master’s degree with no additional documents required
(4) 3 yr bachelor’s degree + 1 yr postgraduate diploma + 2 yr master’s degree (India) with degrees in the same or similar field : generally be considered the equivalent of a bachelor’s degree plus one additional year of education so the beneficiary would also need to have 5 yrs progressive experience. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor’s degree it is possible that this would be considered the equivalent to a U.S. Master’s degree and there would be no need to establish 5 yrs progressive experience.
(5) 3 yr bachelor’s degree + 2 yr master’s degree (India) – Generally this would be the equivalent of a bachelor’s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category: However, foreign credential evaluation using the following additional evidence could make it to EB-2, Master's degree equivalent:
Examples of comparable U.S. master’s degree programs requiring only one year to complete (indicating that a total of 5 years of undergraduate and graduate level education is sufficient); or
Credential evaluations that provide a detailed comparison of credit hours completed by the beneficiary for the 3 year bachelor’s degree program with credit hours required by comparable U.S. bachelor’s degree programs.

(6) 3 yr bachelor’s degree + 2 yr master’s degree (India) + 5 yrs progressive, post-master’s degree experience – Generally the educational degrees would be determined to be the equivalent of a U.S. bachelor’s + 1 year and the beneficiary would meet the statutory requirement
(7) 3 yr bachelor’s degree + 2 yr master’s degree + 1 yr postgraduate diploma (India) – Generally this would be the equivalent of a bachelor’s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor’s degree or the 2yr master’s degree it is possible that this would be considered the
equivalent to a U.S. Master’s degree and there would be no need to establish 5 yrs progressive experience
(8) If a master’s degree is required and the beneficiary does not have a U.S. master’s degree in the specified field of study the petitioner should be prepared to submit sufficient documentation to establish that the education that the beneficiary possesses is the equivalent to a U.S. master’s degree in the required field.
[Matthew Oh Note: The positions of the NSC for the situations in (4), (5), (6), and (7) appear to have loosen up substantially and very flexible and accomodative. Very good news. We thank the NSC leaders for the new policy on these issues.]
Education Requirement in Labor Certification Not Restricted to U.S. Bachelor or Foreign Equivalent Degree: Following will be acceptable for "Skilled Worker" catogory of EB-3:

(1) Will accept a combination of degrees or diplomas;
(2). Will accept 3 or 4 yr degrees;
(3). Will accept education evaluation prepared by a qualified credential
evaluation service;
(4) Will accept educational equivalency evaluation prepared by qualified
evaluation service or in accordance with 8 CFR § 214.2(h)(4)(iii)(D);
(5) Will accept a bachelor’s equivalent based on a combination of
education as determined by a professional evaluation service;
(6) One year of experience in the job offered will substitute for one year of
education toward a bachelor’s degree;
(7) Will accept single degree or any combination of degrees, diplomas or
professional credentials determined to be equivalent by a qualified
evaluation service.
Since there is no difference between the Professional EB-3 and the Skilled Worker EB-3 for the purpose of the immigrant visa numbers in the Visa Bulletin, sometimes it can be very important that the labor certification is drafted such a way that if the alien cannot meet the Professional EB-3, the alien has a backup of Skilled Worker EB-3 so that EB-3 I-140 petition is not denied.
[Matthew Oh Note: Again, the NSC has loosen up somewhat on this issue, accomodating a part of Grace Korean Methodist Church decision on this Skilled Worker issue, which the NSC one time applied very narrow reading of the langugae in the labor certfication application and denied I-140 petition unless the skilled worker option was met and requested by the petition. We want to reiterate our "thanks" to the NSC leaders for taking a reasonable interpretation of the regulations.]

http://www.lexisnexis.com/practiceareas/immigration/pdfs/web933.pdf
 
I have just BACHELOR from India, say 11+Pre.+3 years B.Sc. degree.

I have about 12 years good experience in same field and position at India.

My I-140 is denied in April'07 on the ground of 3 years indian B.S. is not equilent of US B.S. as in my 750 form it's mentioned as BACHELOR in column 14 and column 15 is blank.
I just filed I-140 second time.Do you think it might(even 5% chance ) go positive?
Pl. advise to keep my hope.
Regards,

Ram
(Joan327@hotmail.com)
 
RAMAKRISHNA58 in under EB-3.


I have just BACHELOR from India, say 11+Pre.+3 years B.Sc. degree.

I have about 12 years good experience in same field and position at India.

My I-140 is denied in April'07 on the ground of 3 years indian B.S. is not equilent of US B.S. as in my 750 form it's mentioned as BACHELOR in column 14 and column 15 is blank.
I just filed I-140 second time.Do you think it might(even 5% chance ) go positive?
Pl. advise to keep my hope.
Regards,

Ram
(Joan327@hotmail.com)
 
Gurus,

These are my details:
Self: On H1-b applied for 9th year yearly extension recently, EB2 RIR PD 12th Mar 2003 approved ( country is India), I-140 has already been filed.
Wife: On F1

Is it true that my wife will lose F1 visa is we file I-485 now as the date is current for us. Should I not file I-485 for her and just do so for myself. So that she can be on her F1 status.
Since I have 10+2+3 (15years of education in india)+ 1year post graduate diploma +6 months Post graduate diploma I have filed in EB2 catagory which might get denied on educational grounds. In case of denial at least I will still be on H1-B and she on F1.
In case of approval of I-140 (I have filed it in the regular process on 30th November 2006 still awaited). Are there any chances of denil at I-485 stage.

Also should I go for premium processing now for I-140 so that I can get it immediately. I intending filing I-485 ASAP but how much can I delay my wife's case so that her F1 is not affected.

As always I appreciate your advice.. PLEASE ADVICE ME.

Thanks,
neeraj.
 
IS THIS COURT ORDER OR BECAME LAW NOW ?
I ASKED MY LAWYER BUT HE REFUSED AS AS PER HIM THERE IS NO LAW PUBLISHED TILL DATE.IT MIGHT BE MEMORENDUM OR GUIDELINE. IT DOES NOT MEAN NSC HAS TO ACCEPT IT BECAUSE IT IS NOT LAW.
HAVE YOU MORE INFORMATION ON THAT ?

RAM


06/01/2007: NSC's General Guidelines for EB-2 Educational Requirements and EB-3 Education Requirements

According to the AILA-NSC Liaison minutes of 04/12/2007, the following standards generally applies in determining EB-2 requirement:
(1) U.S. master’s degree – as long as it is in the field required no additional documents would be required
(2) 4 yr bachelor’s degree + 2 yr master’s degree (India) – with degrees in the same or related fields this will generally be considered the equivalent to a U.S. master’s degree with no additional documents required
(3) 3 yr bachelor’s degree + 3 yr master’s degree (India) – with degrees in the same or related fields this will generally be equivalent to a U.S. master’s degree with no additional documents required
(4) 3 yr bachelor’s degree + 1 yr postgraduate diploma + 2 yr master’s degree (India) with degrees in the same or similar field : generally be considered the equivalent of a bachelor’s degree plus one additional year of education so the beneficiary would also need to have 5 yrs progressive experience. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor’s degree it is possible that this would be considered the equivalent to a U.S. Master’s degree and there would be no need to establish 5 yrs progressive experience.
(5) 3 yr bachelor’s degree + 2 yr master’s degree (India) – Generally this would be the equivalent of a bachelor’s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category: However, foreign credential evaluation using the following additional evidence could make it to EB-2, Master's degree equivalent:
Examples of comparable U.S. master’s degree programs requiring only one year to complete (indicating that a total of 5 years of undergraduate and graduate level education is sufficient); or
Credential evaluations that provide a detailed comparison of credit hours completed by the beneficiary for the 3 year bachelor’s degree program with credit hours required by comparable U.S. bachelor’s degree programs.

(6) 3 yr bachelor’s degree + 2 yr master’s degree (India) + 5 yrs progressive, post-master’s degree experience – Generally the educational degrees would be determined to be the equivalent of a U.S. bachelor’s + 1 year and the beneficiary would meet the statutory requirement
(7) 3 yr bachelor’s degree + 2 yr master’s degree + 1 yr postgraduate diploma (India) – Generally this would be the equivalent of a bachelor’s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor’s degree or the 2yr master’s degree it is possible that this would be considered the
equivalent to a U.S. Master’s degree and there would be no need to establish 5 yrs progressive experience
(8) If a master’s degree is required and the beneficiary does not have a U.S. master’s degree in the specified field of study the petitioner should be prepared to submit sufficient documentation to establish that the education that the beneficiary possesses is the equivalent to a U.S. master’s degree in the required field.
[Matthew Oh Note: The positions of the NSC for the situations in (4), (5), (6), and (7) appear to have loosen up substantially and very flexible and accomodative. Very good news. We thank the NSC leaders for the new policy on these issues.]
Education Requirement in Labor Certification Not Restricted to U.S. Bachelor or Foreign Equivalent Degree: Following will be acceptable for "Skilled Worker" catogory of EB-3:

(1) Will accept a combination of degrees or diplomas;
(2). Will accept 3 or 4 yr degrees;
(3). Will accept education evaluation prepared by a qualified credential
evaluation service;
(4) Will accept educational equivalency evaluation prepared by qualified
evaluation service or in accordance with 8 CFR § 214.2(h)(4)(iii)(D);
(5) Will accept a bachelor’s equivalent based on a combination of
education as determined by a professional evaluation service;
(6) One year of experience in the job offered will substitute for one year of
education toward a bachelor’s degree;
(7) Will accept single degree or any combination of degrees, diplomas or
professional credentials determined to be equivalent by a qualified
evaluation service.
Since there is no difference between the Professional EB-3 and the Skilled Worker EB-3 for the purpose of the immigrant visa numbers in the Visa Bulletin, sometimes it can be very important that the labor certification is drafted such a way that if the alien cannot meet the Professional EB-3, the alien has a backup of Skilled Worker EB-3 so that EB-3 I-140 petition is not denied.
[Matthew Oh Note: Again, the NSC has loosen up somewhat on this issue, accomodating a part of Grace Korean Methodist Church decision on this Skilled Worker issue, which the NSC one time applied very narrow reading of the langugae in the labor certfication application and denied I-140 petition unless the skilled worker option was met and requested by the petition. We want to reiterate our "thanks" to the NSC leaders for taking a reasonable interpretation of the regulations.]

http://www.lexisnexis.com/practiceareas/immigration/pdfs/web933.pdf
 
Professional Vs Skilled

IS THIS COURT ORDER OR BECAME LAW NOW ?
I ASKED MY LAWYER BUT HE REFUSED AS AS PER HIM THERE IS NO LAW PUBLISHED TILL DATE.IT MIGHT BE MEMORENDUM OR GUIDELINE. IT DOES NOT MEAN NSC HAS TO ACCEPT IT BECAUSE IT IS NOT LAW.
HAVE YOU MORE INFORMATION ON THAT ?

RAM

This EB3 guideline talks about only the Skilled category. Does this apply to Professional Category also?

Thanks.
 
Since there is no difference between the Professional EB-3 and the Skilled
Worker EB-3 for the purpose of the immigrant visa numbers in the Visa
Bulletin, sometimes it can be very important that the labor certification is
drafted such a way that if the alien cannot meet the Professional EB-3, the
alien has a backup of Skilled Worker EB-3 so that EB-3 I-140 petition is not
denied

You Labor must have B.S. or equivalent mentioned.

This is just my interpetation.

MB
 
Is the Good News not good anymore?

I just visited Immigration-law dot com website and was trying to re-read the complete guidelines for educational requirement once again. I see that on they have posted "Retracted" (in Red) in front of this news article on 6/7/07.

Does anyone have any information on the new guideline for eduction which was issued on 6/1/07 still holds true? Or only a part of EB-2 guideline for 3-year education has been retracted?



06/01/2007: NSC's General Guidelines for EB-2 Educational Requirements and EB-3 Education Requirements

According to the AILA-NSC Liaison minutes of 04/12/2007, the following standards generally applies in determining EB-2 requirement:
(1) U.S. master’s degree – as long as it is in the field required no additional documents would be required
(2) 4 yr bachelor’s degree + 2 yr master’s degree (India) – with degrees in the same or related fields this will generally be considered the equivalent to a U.S. master’s degree with no additional documents required
(3) 3 yr bachelor’s degree + 3 yr master’s degree (India) – with degrees in the same or related fields this will generally be equivalent to a U.S. master’s degree with no additional documents required
(4) 3 yr bachelor’s degree + 1 yr postgraduate diploma + 2 yr master’s degree (India) with degrees in the same or similar field : generally be considered the equivalent of a bachelor’s degree plus one additional year of education so the beneficiary would also need to have 5 yrs progressive experience. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor’s degree it is possible that this would be considered the equivalent to a U.S. Master’s degree and there would be no need to establish 5 yrs progressive experience.
(5) 3 yr bachelor’s degree + 2 yr master’s degree (India) – Generally this would be the equivalent of a bachelor’s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category: However, foreign credential evaluation using the following additional evidence could make it to EB-2, Master's degree equivalent:
Examples of comparable U.S. master’s degree programs requiring only one year to complete (indicating that a total of 5 years of undergraduate and graduate level education is sufficient); or
Credential evaluations that provide a detailed comparison of credit hours completed by the beneficiary for the 3 year bachelor’s degree program with credit hours required by comparable U.S. bachelor’s degree programs.

(6) 3 yr bachelor’s degree + 2 yr master’s degree (India) + 5 yrs progressive, post-master’s degree experience – Generally the educational degrees would be determined to be the equivalent of a U.S. bachelor’s + 1 year and the beneficiary would meet the statutory requirement
(7) 3 yr bachelor’s degree + 2 yr master’s degree + 1 yr postgraduate diploma (India) – Generally this would be the equivalent of a bachelor’s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor’s degree or the 2yr master’s degree it is possible that this would be considered the
equivalent to a U.S. Master’s degree and there would be no need to establish 5 yrs progressive experience
(8) If a master’s degree is required and the beneficiary does not have a U.S. master’s degree in the specified field of study the petitioner should be prepared to submit sufficient documentation to establish that the education that the beneficiary possesses is the equivalent to a U.S. master’s degree in the required field.
[Matthew Oh Note: The positions of the NSC for the situations in (4), (5), (6), and (7) appear to have loosen up substantially and very flexible and accomodative. Very good news. We thank the NSC leaders for the new policy on these issues.]
Education Requirement in Labor Certification Not Restricted to U.S. Bachelor or Foreign Equivalent Degree: Following will be acceptable for "Skilled Worker" catogory of EB-3:

(1) Will accept a combination of degrees or diplomas;
(2). Will accept 3 or 4 yr degrees;
(3). Will accept education evaluation prepared by a qualified credential
evaluation service;
(4) Will accept educational equivalency evaluation prepared by qualified
evaluation service or in accordance with 8 CFR § 214.2(h)(4)(iii)(D);
(5) Will accept a bachelor’s equivalent based on a combination of
education as determined by a professional evaluation service;
(6) One year of experience in the job offered will substitute for one year of
education toward a bachelor’s degree;
(7) Will accept single degree or any combination of degrees, diplomas or
professional credentials determined to be equivalent by a qualified
evaluation service.
Since there is no difference between the Professional EB-3 and the Skilled Worker EB-3 for the purpose of the immigrant visa numbers in the Visa Bulletin, sometimes it can be very important that the labor certification is drafted such a way that if the alien cannot meet the Professional EB-3, the alien has a backup of Skilled Worker EB-3 so that EB-3 I-140 petition is not denied.
[Matthew Oh Note: Again, the NSC has loosen up somewhat on this issue, accomodating a part of Grace Korean Methodist Church decision on this Skilled Worker issue, which the NSC one time applied very narrow reading of the langugae in the labor certfication application and denied I-140 petition unless the skilled worker option was met and requested by the petition. We want to reiterate our "thanks" to the NSC leaders for taking a reasonable interpretation of the regulations.]

http://www.lexisnexis.com/practiceareas/immigration/pdfs/web933.pdf
 
Hi Guys,

Pl. quote if there is any good news on 3 years indian BS against 4 years US BS.
My Appeal for 1st deniel is in progress and new i-140 is also filed.
GOD is great.
Ram
 
Did you file new 140 for the same labor? If so, they won't process the 140 until the appeal is decisioned.


Hi Guys,

Pl. quote if there is any good news on 3 years indian BS against 4 years US BS.
My Appeal for 1st deniel is in progress and new i-140 is also filed.
GOD is great.
Ram
 
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