Upgrading from EB3 to EB2

M

mahkri

New Member
I am posting this to get advice and help a friend.

My Friend has 2 Bachelor Degrees, B.S (Physics) and B.S (Engg) from Mumbai university.
These are two 3 year bachelor degrees and together they confer more than the required credits for a 4 year bachelor degree in Engg from the US.

Now he has been working for the same employer for 10 years. His initial Labor filing was for his first position which did not require too much of experience and hence labor/I-140 was filed in EB3 Category. But later on he moved on to a different job with the same employer which required a 5 years of work ex.

The employer now refiled a new labor through PERM and then followed it up with I-140, but again this was filed in EB3 Category.

His attorney gave the following reasons for not filing in EB2.
1. EB2 ffiling requires a US masters degree or a 4 year BS degree with 5 years work Ex.

2. The two 3 year degrees do not confer an equivalent of a 4 year BS degree as USCIS defines a 4 year Degree to be a Single degree and not 2 separate Degrees.
As a result cannot file in EB2.

Is this a valid reason to not file in EB2 ?

Please advise/comment.

Thanks,

MK
 
His degree must be equivalent to a US 4-years degree. None of the degrees he has appears to be equivalent, and you cannot say "two degrees here are equivalent to one degree there", especially if they're not in the same field. Sounds like the lawyer is right about the degrees.

However, If he doesn't have a 4 year degree as defined by USCIS - how did they meet the educational requirement for EB3?
 
EB3 has less rigorous requirements. So it is easier to be classified as a skilled worker with the relevant experience.

Something that was not clear from the first post was the relevancy of the engineering degree.
The 3 year engineering degree is in computer engineering. The reason for waiving a year off is because the acquired credits from the physics degree as these are covered over two years of an engineering degree.

I could not find an example for such a combination of degrees on the EB2 explanation on this forum and hence the question.
Since the bar is set a little high for EB2, the attorneys would be challenged to prove to USCIS that physics and computer engineering are related fields of science.
It still is a hard sell.
 
srinu_chirala said:
As my knowledge, If your friend have master's degree it would be easy to convert from eb3 to eb2 with out any problems.
Click to expand...

Having Master degree does not automatcaly qualify you for EB2. Employer should be ready to file LC in EB2 if eligible for EB2.
 
B.Sc. Electronics (3 Years) plus 1 Year B.Sc. (Computer Spcial) Total 4 Years. What are my options like EB-2 or EB-3..? Any one please suggest...?
 
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