Need input on the EB2 eligibility for 3 years bachelor's degree- India

satkumar99

satkumar99

New Member
Hi Sir,
I have completed my graduation in India BSC (Mathematics,Physics,Chemistry) which is 3 3-year regular course in India. i have around 20 years of professional work experience in Information Technology(IT). I came to USA on H1B visa.

am I eligible to submit to GC processing as part of EB2? If yes, Can you please help me with the process and steps?

Thank you in advance..
Sateesh
 
@satkumar99
Its difficult to get EB2 approval for 3 years degree. 3 Year degree would not equate to US bachelors, therefore any EB-3 positions that would require associate degree might work for you.
 
Thank you for the response!..

I could see some consideration on the experience in the USCIS site for EB2 eligibility. Hence, I am trying to understand more details on this.

FYI: I worked as a regular employee ( around 19 ) in India and moved to the USA. I have experience letters stating that i have been working as a regular employee with approximately 35+ hours weekly and I do have various IT-related certifications and awards. does any of them help to consider EB2.?.

Could you please share your thoughts!..
 
No. USCIS goes with idea of 16 years of education to be equivalent to US bachelors. 16 years of education should be academically equivalent to each other. Substitution of work experience is not acceptable get equivalency for I-140 purpose. Work experience substitution approach is acceptable for h-1b equivalency though. Your 3 years of Indian bachelors is not equivalent to US bachelors.
 
You might be eligible to submit for Green Card processing under EB-2 (employment-based, second preference) based on your experience. Here's a breakdown:

EB-2 Eligibility for You:
There are two main ways to qualify for EB-2:
  1. Advanced Degree or Equivalent: A master's degree (or higher) in a relevant field or a bachelor's degree with five years of progressive experience in the specialty.
  2. Exceptional Ability: Demonstrated expertise significantly exceeding the standard in your field. This can be proven through things like patents, awards, publications, or high salaries.
Your Situation:
  • Bachelor's Degree: Your Bachelors in Science (Mathematics, Physics, Chemistry) qualifies as a bachelor's degree.
  • Experience: 20 years of IT experience is substantial.
Potential Path:

Since you don't have a master's degree, qualifying through exceptional ability might be a stronger option for you in EB-2.

**Steps for EB-**2 with Exceptional Ability:

  1. Gather Evidence: Document your exceptional ability in IT. This could include:
    • Letters of recommendation from employers or industry experts
    • Evidence of patents, awards, or published research in IT
    • Proof of a high salary compared to others in your field
  2. Employer Sponsorship: You'll need an employer willing to sponsor your Green Card petition (Form I-140).
  3. EB-2 Petition Filing: Your employer will file Form I-140 with USCIS, petitioning for you as a worker with exceptional ability.
  4. Adjustment of Status (Optional): Once I-140 is approved, you can apply for adjustment of status (Form I-485) to get your Green Card while in the US (if eligible).
Additional Points:

  • EB-2 Processing Times: Current processing times for EB-2 petitions can vary. Check USCIS for updates
  • Immigration Attorney: Consider consulting an immigration attorney specializing in employment-based Green Cards. They can provide specific guidance based on your experience and qualifications.
Overall, while a bachelor's degree doesn't automatically qualify you for EB-2, your extensive experience in IT could be a strong case for exceptional ability. Explore this option in consultation with an immigration attorney.
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