UN or ALL - needs advice on EB catogery

[A0001]

UN/ All,

Following qualification is eligible for which EB category?

1) An official academic record showing that the alien has 3 year post secondary diploma certificate.
2) Alien has 12 years of full-time experience in IT.
3) Evidence of Associate membership in Institution of Engineers.


Some one talking ONLY eligible for EB2 category?

Is it Eligible for EB3 category ?

Process of Filing PERM application or Substitution. Please advice.

 

[anilt75]

UN/ All,

Following qualification is eligible for which EB category?

1) An official academic record showing that the alien has 3 year post secondary diploma certificate.
2) Alien has 12 years of full-time experience in IT.
3) Evidence of Associate membership in Institution of Engineers.


Some one talking ONLY eligible for EB2 category?

Is it Eligible for EB3 category ?

Process of Filing PERM application or Substitution. Please advice.

--There was a case where AMIE was approved in EB2. In other case, they issued RFE. USCIS seems to have issues understanding AMIE as a "degree equivalent".Evaluation in this case plays major role I guess. Documentation must be constructive to prove the case.

EB2 is at higher level when compared to EB3. If not all, in most cases, EB2 credentials would qualify for EB3 also.I would file in both categories and see what happens.

 

[A0001]

--There was a case where AMIE was approved in EB2. In other case, they issued RFE. USCIS seems to have issues understanding AMIE as a "degree equivalent".Evaluation in this case plays major role I guess. Documentation must be constructive to prove the case.

Recently one case denied couple of times with AMIE as BS Equivalent in EB3.
NSC not in a position to accept this is a Degree Eq.



EB2 is at higher level when compared to EB3. If not all, in most cases, EB2 credentials would qualify for EB3 also.I would file in both categories and see what happens.

Recently one case denied couple of times with AMIE as BS Equivalent in EB3. with seeing similar case filing Labors and applying 140 after denials..........that's Y new candidates need clear picture

 

[anilt75]

"Recently one case denied couple of times with AMIE as BS Equivalent in EB3. with seeing similar case filing Labors and applying 140 after denials..........that's Y new candidates need clear picture"

--If AMIE is denied in EB3, then no question of EB2. If degree is required for the job then regardless of EB2 or EB3 category, one MUST show a degree or its equivalency to the NSC.It appears, NSC is taking the same approach as it does with 3-year degree cases (although AMIE takes more years).

The issue boils down to proving AMIE as equivalent to a degree. If NSC is not considering that, then EB3 with NO DEGREE and experience as a requirement is the way to go to be 100% sure.

Personally, I would do more research to prove [AMIE = degree equivalent] before I file my labor. This can qualify for EB2. If there is a history of denials like you said, and it seems like a daunting task to put sense into NSC nut heads, then try EB3 with experience alone as job requirement.

No sense in going for EB3 with AMIE=DEGREE strategy.EB2 is out of question.

 

[A0001]

Can you comment on Eb2 Req "At least three of the following":


A U.S. employer filing for a member of the professions with an
advanced degree or a person with exceptional ability in the
sciences, arts or business must file the petition with:

A labor certification (see General Evidence), or a request for a
waiver of a job offer because the employment is deemed to be
in the national interest, with documentation provided to show
that the beneficiary's presence in the United States would be in
the national interest; and either:

An official academic record showing that the alien has a U.S.
advanced degree or an equivalent foreign degree, or an official
academic record showing that the alien has a U.S.
baccalaureate degree or an equivalent foreign degree and
letters from current or former employers showing that the alien
has at least five years of progressive post- baccalaureate
experience in the specialty; or

At least three of the following:

An official academic record showing that the alien has
a degree, diploma, certificate, or similar award from an
institution of learning relating to the area of exceptional
ability;


Letters from current or former employers showing that
the alien has at least ten years of full-time experience in
the occupation for which he or she is being sought;

A license to practice the profession or certification for a
particular profession or occupation;


Evidence that the alien has commanded a salary, or
other remuneration for services, which demonstrates
exceptional ability;


Evidence of membership in professional associations;


Evidence of recognition for achievements and
significant contributions to the industry or field by
peers, governmental entities, or professional or business
organizations.