nomorewait
Registered Users (C)
My job requirement filled in the labor certification as "Master degree + minimum 6 month working experience". Is it EB2 or EB3 category? I appreciate any expert's input and shedding light on this.
New York SESA Tracker
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nomorewait
Registered Users (C)
I think mine might be the EB2 category according to the following information source: http://www.usabal.com/permres/greencardfaq.html#14
Hope this will be helpful for others too.
What is a preference category?
The vast majority of employment-based immigrants fall into either the second preference (EB2) or the third preference (EB3) category.
What is the difference between EB2 and EB3?
Generally, EB2 classification is for people who will work in jobs that require someone with either an advanced degree (for example, a master’s degree or Ph.D.) or its equivalent (i.e., a bachelor’s degree plus at least five years of “progressive” experience). EB3 is for people whose jobs don’t require such education or expertise. Classification is determined not by what education and experience the person actually has, but by what education and experience is necessary for the person’s job as set forth in the labor certification.
What does it matter whether a person is classified as EB2 or EB3?
Every year, quotas allow only a limited number of people to immigrate to the U.S. The quotas depend both on the preference category and the country of one’s birth. The laws do not allow more than a certain number of EB2 and EB3 individuals to immigrate, and each country is limited to a percentage of the total number of each catetgory.
For people from most countries, it makes no difference whether they are classified as EB2 or EB3, because both of these categories are “current” (meaning there is no waiting to immigrate) for most of the world’s countries. Until recently, persons born in India and the PRC, who fell under certain employment-based categories, normally had to wait for their priority dates to become current before filing for AOS.
If an employee has to wait to immigrate, how is the length of the wait calculated?
The employee must wait until his or her “priority date” is current before he or she will be allowed to begin the third step of the immigration process. The priority date is the date the employee’s labor certification application was originally filed (generally, the date the application was received by the state employment security agency).
Every month, the U.S. Department of State tracks the number of people who immigrate from all countries in each preference category. Based on those numbers, it designates certain priority dates for each category as current, and people holding these or older priority dates are eligible to move to the third step of the immigration process.
If an employee has to wait to immigrate, how long might the wait be?
An example can illustrate how the waiting process works. Suppose that a company filed a labor certification application on behalf of a Chinese national in a job requiring a master’s degree on May 1, 1997 (the priority date). The labor certification was approved by DOL on April 1, 1998. The employer then filed an immigrant petition with INS based on the approved labor certification on April 15, 1998, which was approved on August 15, 1998. Because the job the employee holds requires a master’s degree, the employee qualifies for and was given EB2 classification.
When would this employee be eligible to immigrate? In November 1998, the State Department indicated that current priority date for Chinese-born EB2 immigrants was May 22, 1996. This meant that those immigrants whose labor certification applications were filed on or before May 22, 1996 were eligible to immigrate. The employee described above, therefore, would have to wait.
If the difference between the current date and an employee’s priority date is one year, does this mean that the employee’s wait will be one year?
Not necessarily. Priority dates do not advance at the same rate as the calendar. In some months, the date may not move at all; in others, the date might move forward by weeks or even months at a time. Priority dates may even retrogress.
Hope this will be helpful for others too.
What is a preference category?
The vast majority of employment-based immigrants fall into either the second preference (EB2) or the third preference (EB3) category.
What is the difference between EB2 and EB3?
Generally, EB2 classification is for people who will work in jobs that require someone with either an advanced degree (for example, a master’s degree or Ph.D.) or its equivalent (i.e., a bachelor’s degree plus at least five years of “progressive” experience). EB3 is for people whose jobs don’t require such education or expertise. Classification is determined not by what education and experience the person actually has, but by what education and experience is necessary for the person’s job as set forth in the labor certification.
What does it matter whether a person is classified as EB2 or EB3?
Every year, quotas allow only a limited number of people to immigrate to the U.S. The quotas depend both on the preference category and the country of one’s birth. The laws do not allow more than a certain number of EB2 and EB3 individuals to immigrate, and each country is limited to a percentage of the total number of each catetgory.
For people from most countries, it makes no difference whether they are classified as EB2 or EB3, because both of these categories are “current” (meaning there is no waiting to immigrate) for most of the world’s countries. Until recently, persons born in India and the PRC, who fell under certain employment-based categories, normally had to wait for their priority dates to become current before filing for AOS.
If an employee has to wait to immigrate, how is the length of the wait calculated?
The employee must wait until his or her “priority date” is current before he or she will be allowed to begin the third step of the immigration process. The priority date is the date the employee’s labor certification application was originally filed (generally, the date the application was received by the state employment security agency).
Every month, the U.S. Department of State tracks the number of people who immigrate from all countries in each preference category. Based on those numbers, it designates certain priority dates for each category as current, and people holding these or older priority dates are eligible to move to the third step of the immigration process.
If an employee has to wait to immigrate, how long might the wait be?
An example can illustrate how the waiting process works. Suppose that a company filed a labor certification application on behalf of a Chinese national in a job requiring a master’s degree on May 1, 1997 (the priority date). The labor certification was approved by DOL on April 1, 1998. The employer then filed an immigrant petition with INS based on the approved labor certification on April 15, 1998, which was approved on August 15, 1998. Because the job the employee holds requires a master’s degree, the employee qualifies for and was given EB2 classification.
When would this employee be eligible to immigrate? In November 1998, the State Department indicated that current priority date for Chinese-born EB2 immigrants was May 22, 1996. This meant that those immigrants whose labor certification applications were filed on or before May 22, 1996 were eligible to immigrate. The employee described above, therefore, would have to wait.
If the difference between the current date and an employee’s priority date is one year, does this mean that the employee’s wait will be one year?
Not necessarily. Priority dates do not advance at the same rate as the calendar. In some months, the date may not move at all; in others, the date might move forward by weeks or even months at a time. Priority dates may even retrogress.
JustWatching
Registered Users (C)
nomorewait said:
Yes. Yours is very likely EB-2
JustWatching
Registered Users (C)
ahalem said:
It's actually based on how your LC was filed.
So if your LC says BS + 5 years or Masters requirement you are EB-2, anything less is EB-3
As a clarification point, you could have a Masters but if your LC does not require one or the BS + 5 years, you would still be EB-3
GOD_BLESS_YOU
Registered Users (C)
Immigrant Numbers For January 2005
check here
http://www.travel.state.gov/visa/frvi_bulletincurrent.html
All Chargeability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPPINES
Employment-Based
1st C C C C C
2nd C C C C C
3rd C 01JAN02 01JAN02 C 01JAN02
EB-3 Professional for India, China and Filipino moves back to 1/1/02.
check here
http://www.travel.state.gov/visa/frvi_bulletincurrent.html
All Chargeability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPPINES
Employment-Based
1st C C C C C
2nd C C C C C
3rd C 01JAN02 01JAN02 C 01JAN02
EB-3 Professional for India, China and Filipino moves back to 1/1/02.
Looking for Green Card?
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If any one is looking to file Green Card with a genuine, reliable, very supportive and one of the fastest growing company with many branches then mail me at mohitFL@hotmail.com
Labor approved
HI Guys
Wanted to share my information.
Labor filed - 20 Sep 2001
Sent to regional - 12 July 2004
Approved - 30 Nov 2004
I have a question. My attorney filed my labor in EB2 category. Would it help in getting faster I-140 and I-485 ? I am reading lot of information on Priority dates retrogession. Can somebody help me what I should do now ?
Thanks
HI Guys
Wanted to share my information.
Labor filed - 20 Sep 2001
Sent to regional - 12 July 2004
Approved - 30 Nov 2004
I have a question. My attorney filed my labor in EB2 category. Would it help in getting faster I-140 and I-485 ? I am reading lot of information on Priority dates retrogession. Can somebody help me what I should do now ?
Thanks
this is really good news, best luck in your next step.
Please check this link : http://www.immigration.com/frame/nationalprfr.html and select vermont center for the latest processing time of 140 and 485.
by the way, what was your title ?
Please check this link : http://www.immigration.com/frame/nationalprfr.html and select vermont center for the latest processing time of 140 and 485.
by the way, what was your title ?
Lifesaver said:
Last edited by a moderator:
GOD_BLESS_YOU
Registered Users (C)
ahalem said:
I am able to check AVM Today..
It is updated up to Dec 9th
The latestest case number avilable is 02512616
cases entered into NY DOL SYSTEM between Dec 9 th and Nov 12th
02512616-02512139 = 477 cases
GOD_BLESS_YOU
Registered Users (C)
what is cut off date for NYSESA cases?
IS NYSESA opened cases upto Nov2001 first week?
any info?
The opened cases will be processed at NYSESA and then NY DOL Right?
IS NYSESA opened cases upto Nov2001 first week?
any info?
The opened cases will be processed at NYSESA and then NY DOL Right?
JustWatching
Registered Users (C)
GOD_BLESS_YOU said:
It is unlikely that there will be a clear cutoff date. Cases processed cover a span of dates.
For the most part the cutoff will likely be sometime in the second half of October 2001 but cases beyond those dates have been processed
Optimistic6
New Member
JustWatching said:
What is your best guess for cases filed in Dec 2003.
sankat_mochan
Registered Users (C)
DOL Website got updated just now
Our friends at NY SESA have their A**es glued to October. No changes for SESA. Looks like these animals will like to keep the status to October for next 3-4 months !!
Our friends at NY SESA have their A**es glued to October. No changes for SESA. Looks like these animals will like to keep the status to October for next 3-4 months !!
sankat_mochan
Registered Users (C)
your case
Buddy, You are looking at least 2-3 years for your case to be even opened.
Optimistic6 said:
Buddy, You are looking at least 2-3 years for your case to be even opened.
sankat_mochan said:
According to my lawyer NY SESA has stopped RIR processing during last three or four months. I asked him "why"? He answered (with a smile
) that goverment does not have needs in their processing. Generally it is true, however NY SESA probably waits for sending of all cases to backlog processing centers.hot news
PERM Cleared12/10/04
The White House announced in the dawn today that it cleared the long-awaited PERM final regulation of the U.S. Department of Labor. The exact date of release of this regulation in the federal register is unknown and left to the DOL, but it may not take too long to release this regulation. The Chief of Foreign Labor Certification, DOL, previously stated that once the regualtion was published, it would have 60-day window period of time before the PERM program would be actually launched. Now, PERM is reality and no longer the subject of speculation.
The current labor certification system of RIR, Limited Review, and Regular labor certification applications will soon disappear and be discontinued. The National Processing Centers in Chicago and Atlanta will go into full operation of the new labor certification applications named PERM as soon as the 60-day window is opened. For the development of this news, please stay tuned to this website
PERM Cleared12/10/04
The White House announced in the dawn today that it cleared the long-awaited PERM final regulation of the U.S. Department of Labor. The exact date of release of this regulation in the federal register is unknown and left to the DOL, but it may not take too long to release this regulation. The Chief of Foreign Labor Certification, DOL, previously stated that once the regualtion was published, it would have 60-day window period of time before the PERM program would be actually launched. Now, PERM is reality and no longer the subject of speculation.
The current labor certification system of RIR, Limited Review, and Regular labor certification applications will soon disappear and be discontinued. The National Processing Centers in Chicago and Atlanta will go into full operation of the new labor certification applications named PERM as soon as the 60-day window is opened. For the development of this news, please stay tuned to this website
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