EB2 Eligibile?

[scorpion79]

Hello All,

After researching quite a while on different websites, I am still not clear if I qualify for EB-2 category. I have a 3 year degree (B.Com) from India and have 10+ years of IT experience (6 yrs in India and 4 years in US). My employer is starting my GC process and the lawyers told me that since I have 3 year degree only I do not qualify for EB2 category. However I was under impression that 3 year degree in India + 3 years of work experience equivalent to US bachelors degree. My main question is won't my 10+ years of experience (5+ years relevant) allow me to file under EB-2 without RFE? Is EB-2 only considered on the basis of Education and not experience?

Please let me know so that I can talk with my lawyer and convince if EB-2 is possible.

Thanks,

Danny

[scotch1]

Your lawyer is right. As far as I knew, to qualify for EB2 you either need a Masters or a 4 year Bachelors degree + 5 years of progressive experience. I don't think Bcom degree ( A three year degree) alone qualifies for for EB2. I don't expect any queries during PERM and your PERM may get approved as they don't distinguish between EB2 and EB3. But your I140 will only be approved in EB3.