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patel007

EB2 Exceptional Ability (3 year degree)

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My Employer has finally agreed to file my Green Card in EB2 Exceptional ability. I have a 3 year degree from INDIA. I have 19 years of experience and I am in United States since 2005. I have a solid 11 years of experience in United States. I am consulting for state government since last 10 years. In those 10 years I have worked on numerous projects have saved millions of dollars to the state. Because of my contribution to the state government there was a substantial benefits to the state government and their citizens. I have numerous letters of recommendations and appreciation letters signed by CIO of the state government.

My current priority date under EB3 is Jan 2008.

My employer has setup a meeting with my lawyer and my lawyer has requested the following information before the meetings.

I have no problems demonstration Requirement # 1 (USCIS) but there is no way I can demonstrate Requirement # 2 (Labor Certification)

I know there are alternatives to requirement # 2 but I am not sure what are they. Do I still need this Labor Certification even if I have an approved certificate in EB3 categrory since 2008?

Experts please advice!

 

Requirement #1: EB-2 Exceptional Ability Requirements
https://www.uscis.gov/working-united-states/perm...

Requirement #2: Schedule A, Group II Pre-Certified Labor Certification
http://www.************.com/scientists/schedul...

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You should not need a LABOR application if you are filing under exceptional Ability. EA bypasses the Labor requirement. In your case the three year degree may be a stumbling block.

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