I 140 denied due to not having single 4 yr degree


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Thanks in advance.

My I140 got denied under EB2 because I don't have a single 4 yr bachelor degree. My education details are 3 Yr bachelors of commerce and computers and 3 yr master of computer applciations and have 10 yrs of exp. As per the edcuation evaluation I have US master degree equivalent.

Can you please suggest some options.

My attorney is saying we can file EB3 for same labour. I am not sure if my attorney did the documenation or not.

Appreciate your help.

Here is the content from denial notice.


According to the ETA 9089,filed the requirements for the position of a systems analyst are,at a minimum, a bachelor's degree in computer science,math,business or engineering in addition to 60 months of experience in the job offered. How ever, in section H14,of the ETA 9089, there was an alternate level of education experience listed. Specifically, the labor certification states in H.14. "Bachelors degree equivalency may be met by combination of degrees". Since the labor certification would also allow for the combination of education, such as multiple degrees, the ETA 9089 does not meet the classification of an E21,a member of the professions holding an advanced degree or an alien of exception ability[/color]

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Your problem is not 3 Year Bachelors + 3 Year Masters . Your problem is the PERM listed Bachelors as requirement for the post. Had it been Masters , it would have sailed through. According to "AILA-NSC Liaison minutes of 04/12/2007" (this was earlier available in murthy website) , a 3 Year Bachelors + 3 Year Masters in related field is considered equivalent to US Masters and qualifies for EB2. But I agree with JoeF, find a better lawyer. The lawyer should have known better that using Bachelors in PERM is not going to fly for you. If your employer supports, I suggest start fresh using a different lawyer.

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  • 6 months later...

I have a 12+3+2 year education from my home country and a 2 year MS degree from US. However if my perm job requires a bachelors+5 year work ex, can I qualify under EB2 category? 


Difficult.  If your job requirements is Masters ,  it will sail through provided the US MS  is from an accredited university. 

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  • 2 weeks later...


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