Today, I received an RFE on my I-140; it says:
"It does not appear that your petition is approvable to classify the beneficiary as a second preference alien under section 203 (b) (2) of INA. In order to qualify for second preference, the minimum requirements for the job offered must be at least a Master's Degree. Further, in order to qualify for second preference, the beneficiary must possess a minimum of a Master's Degree. The beneficiary only has a Bachelor's Degree and the ETA 750 states the minimum requirements for the job as a Bachelor's Degree. If you wish to change the requested preference classification, please place an "X" next to the sentence below. Also indicate the new preference number and classification that you are seeking, and sign where indicated."
It is very surprising that it does not mention BS+5 as a qualification for EB2 classification. My labor Cert. had BS+6 as the minimum requirement for the job and I have a BS (Engineering) + more than 6 years of experience before joining the petitioning employer. Educational credential evaluation from a reputed source and exp. letters from previous employers were submitted. Also, interestingly my employer filed form ETA 9089 and not ETA 750, as has been mentioned in the RFE.
I am not sure what to make of it; it appears to be a mistake on the part of the adjudicating officer.
Best Wishes to every one!!!
"It does not appear that your petition is approvable to classify the beneficiary as a second preference alien under section 203 (b) (2) of INA. In order to qualify for second preference, the minimum requirements for the job offered must be at least a Master's Degree. Further, in order to qualify for second preference, the beneficiary must possess a minimum of a Master's Degree. The beneficiary only has a Bachelor's Degree and the ETA 750 states the minimum requirements for the job as a Bachelor's Degree. If you wish to change the requested preference classification, please place an "X" next to the sentence below. Also indicate the new preference number and classification that you are seeking, and sign where indicated."
It is very surprising that it does not mention BS+5 as a qualification for EB2 classification. My labor Cert. had BS+6 as the minimum requirement for the job and I have a BS (Engineering) + more than 6 years of experience before joining the petitioning employer. Educational credential evaluation from a reputed source and exp. letters from previous employers were submitted. Also, interestingly my employer filed form ETA 9089 and not ETA 750, as has been mentioned in the RFE.
I am not sure what to make of it; it appears to be a mistake on the part of the adjudicating officer.
Best Wishes to every one!!!
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