EB2 - Eligibility with Bachelor's degree with 7 years experience


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Hello,

 

This is my first question in the forum and it is repeated one to all the members of the group.

But after going through all the topics in this forum related to EB2 eligibility,

I thought it is wise to ask the same question again.

 

Below are my academic & professional details:

 

Academic : 12 yrs + 4 yrs(bachelor degree)

 

4 years bachelor's degree in Electrical & Electronics engineering(B.tech in India)

 

Overall experience : 7 years in IT

 

5 years 6 months in India

 

1 year 6 months in US

 

3 yrs -> Employer A(in India)

1 yr 3 months -> Employer B (In India)

2 yrs 9 months -> Employer C(1 yr 3 months in India + 1 yr 6 months in US)

 

In most replies I have seen Job eligibility criteria matters but not the candidate's overall experience for Eb2 Eligibility. I would like understand more on it with few examples. If someone can reply I would highly appreciate it. 

 

Can some one tell me in what cases will I be eligible for EB2 category with the above mentioned academics & work experience ?

 

I know it is an open ended question but it will help me understand the process for permanent residence.

 

 

Thank you!!

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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You have to meet the requirements for the job; if they hire someone not meeting the minimum requirements, that indicates the requirements were not valid.

 

If you find a job requiring a BE in EE plus 5 years of IT experience, you will be qualified for EB2. It could be argued that you are qualified for other job requirement specifications. An attorney would present your qualifications in the best manner to try to get the GC approved,

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In most replies I have seen Job eligibility criteria matters but not the candidate's overall experience for Eb2 Eligibility. I would like understand more on it with few examples. If someone can reply I would highly appreciate it.

 

As you state, it is the "job eligibility criteria" (i.e. education and experience requirements stated in the job description) that determines the employment based (EB) preference category.  For the EB2 preference category the job must require a minimum of an advanced degree (i.e. Masters or PhD) or an equivalent of a (4 year) Bachelor degree and 5 years (progressive) experience.  This is the U.S. immigration law. 

 

Further, for the equivalent of a Bachelors degree and 5 years experience this must be (i) a stated acceptable alternative in the job description and (ii) the experience must be before employment with the sponsoring employer.  Also the education and experience requirements stated in the job description need to be supported by other evidence such as normal industry practice to require an advanced degree or equivalent, other employees in the same position must all have advance degrees or equivalent.

 

In the situation posted above, for employer C the job would not meet the EB2 preference category requirements as the employment required less than 5 years experience (i.e. when the employee started the job).  For another employer D, if the job meet all the EB2 preference category requirements, then an employee with a Bachelors degree and 7 years previous experience my be eligible.

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