EB3 to EB2 - MBA sponsored by current employer

[indianskyboy]

Hello all,

I was planning to port from EB3 to EB2. I already have I-140 approved(EB3) from current employer. Since I had a 3 year bachelors degree I started pursuing MBA. My current employer is reimbursing the tuition. I am 70% done with the MBA. I already knew that to move to EB2 category, I need to have a job with 50% different role and my current employer is ready to give me a new job role and file for labor again. Yesterday I found out that my MBA degree cannot be considered as it is reimbursed by current employer. I don't understand what this weird rule is. Can I pay my employer back for the amount he reimbursed and be eligible to use MBA degree? Is there any way out other than changing my current job? Please advise.

[JoeF]

The rule is there to prevent people from getting an unfair advantage over Americans.

And with a 3-year bachelor degree, you won't be able to do EB2, anyway. USCIS denies such applications.

[chakrakr]

And with a 3-year bachelor degree, you won't be able to do EB2, anyway. USCIS denies such applications.

I do not think that is correct. Here is the extract from AILA-USC liason . Note the highlighted text. Any civil and logical argument most welcome.

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According to the AILA-NSC Liaison minutes of 04/12/2007, the following standards generally applies in determining EB-2 requirement:

(1) U.S. master’s degree – as long as it is in the field required no additional documents would be required

(2) 4 yr bachelor’s degree + 2 yr master’s degree (India) – with degrees in the same or related fields this will generally be considered the equivalent to a U.S. master’s degree with no additional documents required

(3) 3 yr bachelor’s degree + 3 yr master’s degree (India) – with degrees in the same or related fields this will generally be equivalent to a U.S. master’s degree with no additional documents required

(4) 3 yr bachelor’s degree + 1 yr postgraduate diploma + 2 yr master’s degree (India) with degrees in the same or similar field : generally be considered the equivalent of a bachelor’s degree plus one additional year of education so the beneficiary would also need to have 5 yrs progressive experience. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor’s degree it is possible that this would be considered the equivalent to a U.S. Master’s degree and there would be no need to establish 5 yrs progressive experience.

(5) 3 yr bachelor’s degree + 2 yr master’s degree (India) – Generally this would be the equivalent of a bachelor’s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category: However, foreign credential evaluation using the following additional evidence could make it to EB-2, Master's degree equivalent:

Examples of comparable U.S. master’s degree programs requiring only one year to complete (indicating that a total of 5 years of undergraduate and graduate level education is sufficient); or

Credential evaluations that provide a detailed comparison of credit hours completed by the beneficiary for the 3 year bachelor’s degree program with credit hours required by comparable U.S. bachelor’s degree programs.

(6) 3 yr bachelor’s degree + 2 yr master’s degree (India) + 5 yrs progressive, post-master’s degree experience – Generally the educational degrees would be determined to be the equivalent of a U.S. bachelor’s + 1 year and the beneficiary would meet the statutory requirement

(7) 3 yr bachelor’s degree + 2 yr master’s degree + 1 yr postgraduate diploma (India) – Generally this would be the equivalent of a bachelor’s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor’s degree or the 2yr master’s degree it is possible that this would be considered the

equivalent to a U.S. Master’s degree and there would be no need to establish 5 yrs progressive experience

(8) If a master’s degree is required and the beneficiary does not have a U.S. master’s degree in the specified field of study the petitioner should be prepared to submit sufficient documentation to establish that the education that the beneficiary possesses is the equivalent to a U.S. master’s degree in the required field.

[ateetshah]

JoeF is right. You cannot use your employer sponsored education for EB2 in your case. Another option might be to find a new employer after your US Masters Degree, but your old employer might have an agreement to reimburse until a certain point in time.

JoeF - I think it's unfair to assume and make a blanket statement that 3 year India/Foreign degree will not qualify for EB2.

I've 3 year degree and US masters degree from a reputable accredited school and would qualify for EB2 as log as job requires EB2. Asked multiple lawyers about this and they referenced AILA NSC liaison document.

[indianskyboy]

Thank you all!

Can I pay my employer back and use the degree?

[ateetshah]

Well you could pay back, but that is a question that needs to be answered by an attorney.

Not sure if there is a precedent on such cases.

[Attorney_22]

That is a gray area and therefore it is advisable to speak directly with an experienced U.S. immigration attorney.

[t75]

The rule is not weird. A degree paid for by the employer is like experience equivalent with the employer.

[bafflingrain]

Is this true even if it's partly sponsored education. In a case where employer covers only 25% of the entire course fee, does this rule apply? Please advice.

[ateetshah]

The rule is not weird. A degree paid for by the employer is like experience equivalent with the employer.

In your terms or legal terms ? I think that is saying if you pay for education, you own the person.

[sreereddy99]

 NJDude

 

Can you please provide me more information on your case because I am in the same situation?

 

I have 3 years degree (BCom from India) and PGDCA 1 year.

I am working for an American company from 6 years and applied GC under EB3 (2008 PD)

And now I am studying my MBA (Ex) from ASPEN University (50% complete)

Once completing my MBA will I be qualified for EB2

 

Please let me know

 

Sree

[sreereddy99]

joeF ,

 

just curious how anyone knows about the employer sponsorship , is it mentioned any where in the documents ?

 

please let me know.

sree

[Monasthtuhi]

Hi i have couple of questions please help me. My employer wants to file my green card under EB3 but i have 4 years Bachelors 2002-2006 & 2 years masters 2006-2008(4+2) from India and 4 years experience prior to my current employer 2008-2012 worked in India and joined USA Company in 2012 till date.

My employer said at beginning he will file my GC under Eb2 but now says i don’t qualify for EB2 he wants to file under Eb3 what should i do now please help me.

[rahul412]

 

Hi i have couple of questions please help me. My employer wants to file my green card under EB3 but i have 4 years Bachelors 2002-2006 & 2 years masters 2006-2008(4+2) from India and 4 years experience prior to my current employer 2008-2012 worked in India and joined USA Company in 2012 till date.

My employer said at beginning he will file my GC under Eb2 but now says i don’t qualify for EB2 he wants to file under Eb3 what should i do now please help me.

 

EB2 depends on two factors,

1. Your eligibility

2. GC job roles and responsibilities.

 

If both fall under EB2 then you are safe, it not either go for EB3 or find another employer.