Education Issues in the PERM Process


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This week, Murthy Law Firm attorneys will answer questions regarding education issues in the PERM process.

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On 1/13/2017 at 10:02 PM, surajs3 said:

With 3 years degree from India with online MAsters from US university will be eligible for eb2 perm approval or need to complete 4 years degrees before doing masters ?

Provided your master's degree is accredited, and the position requires the master's degree you possess, the PERM position will typically be in the EB2 category. 

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POSSIBLE USCIS TREND: A possible USCIS trend the Murthy Law Firm has seen are denials by USCIS for PERM applications with minimum requirements of a Bachelor's degree and five years of post-degree experience, when the Beneficiary only possesses a Master's degree (not Bachelor's degree equivalent) and five years of post-master's degree experience. The basis for the denial is that an individual has a three-year bachelor's degree and a three-year master's degree. USCIS has stated the PERM position requires a Bachelor's degree and the even though the Master's degree is a more advanced degree, the PERM application did not require a Master's degree, only a Bachelor's degree. Therefore USCIS is saying the Beneficiary does not possess the minimum requirements of the position. This possible trend is something our readers should be aware of.   

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