MS + 1 = EB2

[raiders_h1b]

Please help me understand the EB2 qualification criterion>

- Is MS+1 or BS+5 the same in terms of total experience, and does it qualify for EB2

- By that logic, is MS+3 or BS+6 the same, and does it qualify for EB2.

- If my logic is flawed, can someone correct me.

Thanks,

[SameerH1Bworker]

There is no logic. EB2 requires at least BS + 5 OR just MS. If you have more experience then its fine.

[Joe.F]

The requirement for EB2 is that the job has to require an MS or a Bachelor + 5 years progressive experience.

If the job description says MS+1 or BS+5, that would indicate MS = BS+4, so it may not qualify for EB2.

If it says MS+x, BS+5+x would also be safe.

[SameerH1Bworker]

I'd MS+2 or BS+5 in my PERM & it was approved for EB2 category.

[Joe.F]

Then you got lucky. Quite a number of people had EB2 denied in such cases.

[iProfile]

How about just MS + 1; would this be good for EB2?

[Attorney_9]

It's important to keep in mind that the USCIS and DOL have different definitions of equivalent.

For example although the USCIS generally says that BS +5 is equivalent to MS, the DOL would say that BS +5 is equivalent to MS +3, based on their SVP values.

So long as the position listed on the LC requires at least a BS +5 or at least a Master's degree, and the person meets that qualification, then the USCIS should be able to process the case as EB2.

If the LC lists MS +1 or BS +5, then USCIS should process it as EB2, however there is a risk that DOL might view those requirements as not being comparable under Kellogg and could potentially deny the LC on those grounds.

The USCIS is not permitted to read terms into the LC that are not listed within the four corners of the document. If the LC says MS +1 or BS +5, the USCIS is not permitted to interpret that as a willingness to acces BS +4 in order to treat the case as EB3, as that would be going outside of the 4 corners of the document.

However, if the LC said MS +1 and does not mention any other requirements, and the foreign national is trying to qualify based on BS +5 being equivalent to a MS degree (not the best strategy), in that case, the person would need to demonstrate BS +5 +1 in order to meet the LC requirements.

[neilthomas]

Based on the above discussion, I have something to ask.

My job requirement in PERM application stated that the candidate will need a Bachelors's Degree + 5 years of experience and this will be field in EB2 once approved (requirement does not state anything about a Masters Degree)

I have a US Masters Degree. If I'm falling short of, say, 6 months and my total experience after Bachelors degree is 4.6 years. Will DOL approve my application because I have a Masters Degree and can automatically substitute the 6 months of missing experience with my Masters? (Note: my job description does not say anything about Masters degree requirement)

[SameerH1Bworker]

If your job description does not say about Master then even though you've Master degree it will not be considered in BS+5.

Moreover, DOL does not compensate 4.6 years of experience with 5 years as you've Master.

If you want to file in EB2 then you need to mention Master degree and/or BS + 5 years without having this it will be considered as EB3.

[Pokymon]

3 year BS and 13 years US work experience. Am I eligible for EB2?