EB3 to EB2 as per recent circular

[raj1301]

Hi,

 

I just saw the article and the candidate needs to qualify 3 criteria out of 6.

 

http://www.murthy.com/2013/08/26/exceptional-candidates-may-qualify-for-eb2-without-advanced-degree/

 

I have 3 year degree and 20+ years IT experience.  Can I convert my eb3 to eb2 based on the following?

 

A) A degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to the area of exceptional ability.  

(post graduation is not mentioned)

B) At least ten years of full-time experience in the occupation for which s/he is being sought.

(I have 20+ years IT experience and 15 years in Oracle.  I am an Oracle DBA)

C) A license to practice the profession or certification for a particular profession or occupation

( I have Oracle, Sun and Microsoft certifications)

D) Evidence of receipt of a salary, or other remuneration for services, which demonstrates exceptional ability.

( I have salary slips without any break).

Do I qualify for EB2?  Please clarify.

Thanks

Raj

[Attorney_22]

The three out of six criteria to qualify for exceptional ability is only the beginning of the analysis, USCIS will also be looking to see how you possess a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business. Therefore, you not only need to meet three criterion, you also need to document how your knowledge/expertise is significantly greater than others ordinarily found in your field. If you wish to discuss this further, it is advisable to speak directly to a qualified U.S. immigration attorney with experience in these petitions. The Murthy Law Firm has had much success with these types of petitions and therefore it is advisable to speak to one of our attorneys prior to deciding how to proceed.