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HELPVISA_1

Eligible for EB2???

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Hi All,

 

I had a query and was hoping for some expert opinion. I have a total of 7 years of experience which includes 15 months of Treasury experience and the rest in SAP practice. I have completed by BTech (4 years degree course) and PGDM (2 years) back in India. All my experience have been attained after my studies.

 

Presently my company is ready to file my GC and their requirement for GC was Bachelors' degree plus 5+ years or Masters' degree with 3+ years.

 

My lawyer is saying that I do not qualify for EB2 category as I am short of 5 years of IT experience by 20 days.

 

The job description had laid out knowledge in Banking sector and Treasury which I already have.

 

Can you kindly let me know if I can argue with my lawyer to file in EB2 ? Kindly help.

 

Regards

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For USCIS, MS equates Bachelor + 5 years. If MS + 3 can be replaced with Bachelor + 5, that would mean MS = BS + 2. Such a case won't be EB2.

Your case can only be in EB3.

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For USCIS, MS equates Bachelor + 5 years. If MS + 3 can be replaced with Bachelor + 5, that would mean MS = BS + 2. Such a case won't be EB2.

Your case can only be in EB3.

The above poster is incorrect in assuming MS = BS + 5. There is no official policy of USCIS on that part.

Not true at all. You can list alternate requirements for EB2 positions. As long as minimum and alternate both qualify for EB2, the person will be eligible for EB2 classification by USCIS.

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I wanted to elaborate on my issue. Like I have explained before, I have a 4 years Bachelor's degree and a Post Graduate Diploma in Management (2 years). I have 1year 3 months months of Banking experience and 4years 11 months of IT experience, before joining my current company (6 months experience)

 

What i wanted to check is whether the entire Bachelor's + 5 years of experience required for EB2 has to be in the same domain or is it that USCIS talks about total experience of 5 years?

 

The JD for which the GC is being filed falls under EB2 category.

 

Any quick reply would be highly appreciated.

 

Thanks and Regards

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The above poster is incorrect in assuming MS = BS + 5. There is no official policy of USCIS on that part.

 

Wrong. Please educate yourself.

https://www.uscis.gov/eir/visa-guide/eb-2-employment-based-second-preference/understanding-eb-2-requirements-advanced-degree-professionals

"If you only have a Bachelor’s degree, letters from your current and/or prior employers showing at least 5 years of progressively responsible experience in your field after you received the degree""

 

And it is specified in 8 CFR 204.5(k)(2):

"Advanced degree

means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree."

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I wanted to elaborate on my issue. Like I have explained before, I have a 4 years Bachelor's degree and a Post Graduate Diploma in Management (2 years). I have 1year 3 months months of Banking experience and 4years 11 months of IT experience, before joining my current company (6 months experience)

 

What i wanted to check is whether the entire Bachelor's + 5 years of experience required for EB2 has to be in the same domain or is it that USCIS talks about total experience of 5 years?

 

The JD for which the GC is being filed falls under EB2 category.

 

Any quick reply would be highly appreciated.

 

Thanks and Regards

It has to be in the same field:

https://www.uscis.gov/eir/visa-guide/eb-2-employment-based-second-preference/understanding-eb-2-requirements-advanced-degree-professionals

"If you only have a Bachelor’s degree, letters from your current and/or prior employers showing at least 5 years of progressively responsible experience in your field after you received the degree"

(emphasis mine.)

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