Question on EB2 Eligibility


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I have 4 years of Bachelor Degree from India with around 7.5 years of experience in my technical field(software development). Out of my 3 previous employers I have received experience letter(with role & responsibility) from the 1st & 3rd employer showing 3.2 years of experience in my first company and 2 years in my 3rd company. I am unable to get any experience document of the 1.8 years of experience during my tenure in my 2nd company. Am I eligible for EB2 category? 

Thanks a lot for helping me out.

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Hi Rahul,


My job responsibilities are mating the criteria. But as per my understanding my previous experience also matters as one of the eligibility criteria. My question is in that criteria am I elible if I can show 5+ years of experience, but not continuous

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  • 2 weeks later...



I have a 10+ 3 (3 year Diploma) + 3 (3 year BE) pattern of education with around 9 years of IT work experience. Am I eligible for EB2? Thanks in advance.

As has been said tons and tons of times, the JOB requirements determine the category.

You could have a PhD, if the job only requires a Bachelor degree, the case would still be in EB3.

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The position must require at least a Masters (US equivalent degree), or a Bachelors (US equivalent degree) followed by 5 years of relevant experience, and then you must qualify under one of those requirements. It is the employer that determines the requirements for the position, and you cannot force an employer to "file EB-2" for you just because you have a Masters or Bachelors followed by 5 years experience.


TIP: If you can only find an EB-3 position, it is much smarter to start your process now in EB-3 and establish your priority date, than to wait to start GC process until you can find an EB-2 position. Especially if you are born in India, you will have numerous years to find a subsequent EB-2 position and "upgrade" to EB-2 while retaining your previous priority date from the approved EB-3 I-140 petition.

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  • 2 weeks later...

Murthy Law Firm has had experience with cases where someone has earned a 3 year Polyechnic Diploma followed bya 3 year Engineering degree. In such cases, it can sometimes be possible to file an EB2-qualifying case with a Bachelor's and 5 years experience requirement. However, it does require a careful evaluation of the person's education to make such a determination.

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