EB2 education dilemma

[nb12340]

Hi

I have my 3 years BSc. in Physics and AMIE in Mechanical Engineering from India. My current company lawyer says even though my job responsibilities qualifies under EB2 category, my education qualification does not qualify for EB2 GC application as per USCIS.

I am on my H1B extension, I have I140 approved in 2007 under EB2 from previous employer.

I am working on my online MS IT - Security specialization from an accredited US university. Normal graduation duration is 18-20 months, but as my grades are quite high, I am allowed to take multiple courses at the same time and that would reduce the total duration if I am able to maintain the required GPA. 

Questions - 

1. Will my MSIT be good enough to file my new petition under EB2 (job qualifies for EB2) 
2. Do I still need to show my India qualification (non-IT/Computers), I would rather not when filing for fresh EB2
3. If I complete my MSIT faster than normal duration, will that impact my EB2 application negatively. 


Appreciate your advice.

[JoeF]

They require a 4-year bachelor + Masters for EB2.

And in any case, if you are working in the job without these qualifications, it shows that it is an EB3 job.

[nb12340]

On 11/5/2016 at 0:43 AM, JoeF said:

They require a 4-year bachelor + Masters for EB2.

And in any case, if you are working in the job without these qualifications, it shows that it is an EB3 job.

Hi Joe,

Can you answer my questions wrt #1,2,3,

specifically #3 is important to me at this point if you have any facts backing your answer.

I think I don't need anything else other than a MS qualification from US University - #1 or #2 as I checked the USCIS website later on.

Quote from USCIS website - https://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2

 

Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.

 

[JoeF]

As I mentioned, your current job obviously doesn't require a Masters degree, so regardless if you get one, or if you even would get a PhD, the case would still be in EB3.

The JOB requirements are what matters. Of course, the person has to have the qualifications for the job, which you obviously do since you work in the job. Therefore, basic logic says that since you don't have the education required for an Advanced degree job, the job can't require an advanced degree. So, your #1 is not fulfilled. The job is an EB3 job. #2 and #3 are irrelevant because of that. Even if you get a PhD, because the job doesn't require an advanced degree, the case would still be in EB3.

And generally, skills or degrees acquired while working for the employer can not be used, unless the GC would be for a new job that is at least 50% different from the current job. And, as I also mentioned already, USCIS requires a 4-year bachelor degree + Masters for EB2. You only have a 3-year bachelor degree, and EB2 cases where the person had a 3-year bachelor are nowadays getting denied.

 

[nb12340]

Did a bit of a research & here is what I find worth presenting here. If you find any incorrectness in my understandings, let me know.

I understand your line of thought, and agree the logic that if I am working on a job that can be performed by someone without a master's degree, it doesn't qualify for EB2 job category. A PhD on the same job will still be EB3. So, let me rephrase my question, considering the future.

(a) A new role (say through a promotion) within the same company where employees with Masters in IT/CompSc. are OK applying for EB2, OR 

(b) A completely new employment with a role that along with Masters in IT is eligible for EB2.

In such situation, what will be the answers to my questions - I will say

#1 - Yes, because under USCIS EB2 education is an Advanced degree ( a MSIT) from US university needs not equivalency.

#2 - No, because of again, an accredited  US Masters is good enough, no need for undergrad degree.

#3 - No, because US education system is based on credits gathered and not time spent on course.

 

Lastly, EB2 education description says it requires US Advanced degree (a masters) or an equivalency ( a bachelors plus 5 years experience). Nowhere it says it requires a (4 years + MSIT/MSCS). Here is the exact quote from USCIS website.

"The job you apply for must require an advanced degree and you must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field)."

 

 

[JoeF]

USCIS has recently been denying EB2 cases when the person only had a 3-year bachelor degree.
You can search forums, including this one, about it. Essentially, they are saying that a 3-year degree is not equivalent to a 4-year US bachelor degree.

See https://www.murthy.com/2016/07/01/degree-used-for-h1b-may-not-be-sufficient-for-eb2-or-eb3/