Hope this helps.
The Immigration and Nationality Act provides an employment based immigrant classification to members of the professions who hold an advanced degree or its equivalent, known as the EB-2 preference category. An advanced degree is above the baccalaureate level, whether obtained in the US or in another country. One shows the equivalent of an advanced degree by possessing a baccalaureate degree and at least five years of “progressive experience.” The concept of progressive experience is not defined in the statute or regulations, and has caused much uncertainty and various adjudicative results throughout the INS. This memo is intended to create a uniform application of the concept.
According to the memo, the basic meaning of progressive experience is simple – “employment experience that reveals progress, moves forward, and advances toward increasingly complex or responsible duties.” However, the Department of Labor form used in labor certifications, the ETA 750, does not allow such simplicity, especially when the position involved is highly technical. In such cases, the job descriptions often contain concepts that are not familiar to those outside the field. The memo suggests one way that adjudicators can deal with such situations s by requesting petitioners to provide a statement in “plain English” of the experience required for the position. This would also work to the petitioner’s advantage, because they can describe the position in a way that will make clear to the adjudicator whether the job requires and advanced degree or progressive experience. The memo also notes that in many cases, jobs in highly technical fields will often provide progressive experience because the field undergoes such rapid development and change.
Another issue addressed in the memo is the interrelationship between the requirement that the position require an advanced degree and the requirement that the beneficiary possess an advanced degree (or baccalaureate plus progressive experience). If the position does not require an advanced degree, the petition will be denied, even if the beneficiary possesses such a degree. Similarly, if the position requires an advanced degree and the beneficiary does not possess such a degree or qualifying progressing experience, the petition will be denied. These two requirements interact in ways that can make determining the propriety of granting the petition a difficult decision.
For example, if the employer’s requirements for a position are an advanced degree and work experience, the question is raised of whether the potential employee can satisfy the degree requirement with progressive experience and satisfy the work experience requirement with the same progressive experience. According to the memo, the answer to this is, in most cases, yes. In cases where it is not specified that the experience should be after obtaining the advanced degree, the progressive experience can be used to satisfy both the degree requirement and the experience requirement. For example, if the employer requires an advanced degree and three years of experience, the employee with a baccalaureate degree need only have five years experience. However, if the employer specifies that the experience should follow attainment of the advanced degree, the employee who does not possess an advanced degree must have both the five years of experience equivalent to the degree and any additional post-advanced degree experience the employer requires. For example, if the employer requires an advanced degree and three years of experience afterward, the employee who has a baccalaureate degree must have a total of eight years experience
