More experience than minimum requirement

S

Sundraj

Registered Users (C)
Hi,
I have a year of experience with another company before I started working for the currect employer. Should the requirement include this one year experience in the job order and 9089? Lawyer says MS with no experience is better as it sulfills the prevailing wage criteria. Please comment.
 
Sundraj said:
Hi,
I have a year of experience with another company before I started working for the currect employer. Should the requirement include this one year experience in the job order and 9089? Lawyer says MS with no experience is better as it sulfills the prevailing wage criteria. Please comment.
Click to expand...

I think your lawyer's advise is appropriate. Just go with MS+0. It won't kill you. It is actually better for you.

The advantage of going with MS+0 is that your job will be under SVP Level 7 which means you can answer "YES" to the question on 9089 that asks "Are these requirements normal to the occupation?" if it falls in O*NET job zone 4 with SVP 7 < 8. This will avoid the "business necessity" headache.
On the other hand, MS+1 will be in SVP Level 8 which will exceed "normal" requirements.
 
MS+0 experience, SVP = level 7 and O*NET job zone 4 with SVP 7 < 8 Does this qualify for EB2 Category.
 
Need info for SVP and O*NET job zone

Can you please links which explains what are SVP levels and O*NET job zone and also What SVP level and O*NET job zone wouls qualify to EB-2.

Thanks a lot
 
mvinays said:
I think your lawyer's advise is appropriate. Just go with MS+0. It won't kill you. It is actually better for you.

The advantage of going with MS+0 is that your job will be under SVP Level 7 which means you can answer "YES" to the question on 9089 that asks "Are these requirements normal to the occupation?" if it falls in O*NET job zone 4 with SVP 7 < 8. This will avoid the "business necessity" headache.
On the other hand, MS+1 will be in SVP Level 8 which will exceed "normal" requirements.
Click to expand...

Sundraj,
Based on above mvinays posting I wanted to find out whether these requirements qualify for EB2 category. I have no idea about this. I'm really sorry if my posting has created a confusion.

Thanks
 
immi2003 said:
MS+0 experience, SVP = level 7 and O*NET job zone 4 with SVP 7 < 8 Does this qualify for EB2 Category.
Click to expand...

Yes, it does. A minimum job requirement of a US advanced degree (Master's degree) or a foreign equivalent degree qualifies for EB2 at I-140 stage.
 
------------------------------------------------------------------------
SVP Level ............................... Time
------------------------------------------------------------------------
1............................... Short demonstration.
2............................... Anything beyond short demonstration up
................................. to and including 30 days.
3............................... Over 30 days up to and including 3
................................. months.
4............................... Over 3 months up to and including 6
................................. months.
5............................... Over 6 months up to and including 1
................................. year.
6............................... Over 1 year up to and including 2
................................. years.
7............................... Over 2 years up to and including 4
................................. years.
8............................... Over 4 years up to and including 10
................................. years.
9............................... Over 10 years.
------------------------------------------------------------------------

Bachelor's degree counts as 2 years SVP.
Master's degree counts as 4 years SVP.

From the table above, MS+0 falls under SVP Level 7.

From the table above, MS+1 falls under SVP Level 8.
 
Last edited by a moderator:
mvinays said:
------------------------------------------------------------------------
SVP Level ............................... Time
------------------------------------------------------------------------
1............................... Short demonstration.
2............................... Anything beyond short demonstration up
................................. to and including 30 days.
3............................... Over 30 days up to and including 3
................................. months.
4............................... Over 3 months up to and including 6
................................. months.
5............................... Over 6 months up to and including 1
................................. year.
6............................... Over 1 year up to and including 2
................................. years.
7............................... Over 2 years up to and including 4
................................. years.
8............................... Over 4 years up to and including 10
................................. years.
9............................... Over 10 years.
------------------------------------------------------------------------

Bachelor's degree counts as 2 years SVP.
Master's degree counts as 4 years SVP.

From the table above, MS+0 falls under SVP Level 7.

From the table above, MS+1 falls under SVP Level 8.
Click to expand...

If this is the case B.E + 5 falls in SVP 8. How is it equal to MS+0 as discussed at various places in the forum?

Thanks.
 
coolhusker said:
If this is the case B.E + 5 falls in SVP 8. How is it equal to MS+0 as discussed at various places in the forum?

Thanks.
Click to expand...

DOL measures equivalence of minimum job requirements in terms of SVP Levels. DOL does not care about EB2 or EB3. All they care about is "SVP Level" of minimum job requirements.


However, USCIS has its own standard of equivalence (different from that of DOL) since they either require a minimum of MS+0 or BS+5 to put a case under EB2 category (according to a court ruling in the year 2000). Also see the EB2 equivalence memo by USCIS below:
http://www.immigrationlinks.com/news/news215.htm
The above memo is still valid as of today.
 
mvinays - thanks for the insight. question, i recently got a PERM approval for an EB2 case (BS + 5). what's the best way to have the I140 prepared in order to gain a speedy approval - you have indicated that USCIS will look at the case in a different light and will not apply the standards that the DOL applied.

Thanks
 
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