Can my husband get his greencard filed in EB2 Category?

[Collective]

Originally Posted by Whatsthenews

Remember you're posting on the legal immigration forum so many people are going to be "foreign nationals". It might be preferable if you modified your posts a little so you don't give the impression that you rank "foreign nationals" like something stuck to the bottom of your shoe

Hehehe. It's an upgrade from the government's "non resident alien", though

[NCgirl2LVNV]

Originally Posted by Whatsthenews

Remember you're posting on the legal immigration forum so many people are going to be "foreign nationals". It might be preferable if you modified your posts a little so you don't give the impression that you rank "foreign nationals" like something stuck to the bottom of your shoe

I am sorry if that's the impression you get. I actually am a foreign national myself and I work in this field for a living. I'm doing quite well, actually, so I must be doing something right.

My point is that the distinction and requirements between EB-2 and EB-3 are fairly clearly spelled out, so I find it curious as to why this issue is debated so frequently. Of course, I am well aware there is a difference in wait times especially for nationals of India and China.

USCIS determines EB-2 or EB-3 priorities based on very strict guidelines. Essentially, EB-2 is for those occupations requiring advanced degrees (Master's or above), while EB-3 is for occupations that have lower academic requirements (or no academic requirements).

Sure, USCIS may deem a beneficiary is in EB-2 with a Bachelor's + 5 years, but the 'trick' is that the 5 years of experience must be 'progressive' which means they must show (via letters from previous employers) that the beneficiary has advanced in responsibilities and duties. This is easier said than proven. A simple job title change does not mean a progressive experience by itself. I can call myself Princess of Aisle 6 and later Queen of Aisle 6, but I am still working on Aisle 6.

Now, if I can demonstrate that I started as Princess of Aisle 6 and progressed to Princess of Aisle 6 and the Checkout Line (which would presumably involve more responsibilities and duties), then you can argue I have met the requirement.

[Whatsthenews]

Originally Posted by Collective

Hehehe. It's an upgrade from the government's "non resident alien", though

It's the "undocumented aliens" that makes me chuckle (or mad-depending on my mood)

[Whatsthenews]

Originally Posted by NCgirl2LVNV

I am sorry if that's the impression you get. I actually am a foreign national myself and I work in this field for a living. I'm doing quite well, actually, so I must be doing something right.

My point is that the distinction and requirements between EB-2 and EB-3 are fairly clearly spelled out, so I find it curious as to why this issue is debated so frequently. Of course, I am well aware there is a difference in wait times especially for nationals of India and China.

USCIS determines EB-2 or EB-3 priorities based on very strict guidelines. Essentially, EB-2 is for those occupations requiring advanced degrees (Master's or above), while EB-3 is for occupations that have lower academic requirements (or no academic requirements).

Sure, USCIS may deem a beneficiary is in EB-2 with a Bachelor's + 5 years, but the 'trick' is that the 5 years of experience must be 'progressive' which means they must show (via letters from previous employers) that the beneficiary has advanced in responsibilities and duties. This is easier said than proven. A simple job title change does not mean a progressive experience by itself. I can call myself Princess of Aisle 6 and later Queen of Aisle 6, but I am still working on Aisle 6.

Now, if I can demonstrate that I started as Princess of Aisle 6 and progressed to Princess of Aisle 6 and the Checkout Line (which would presumably involve more responsibilities and duties), then you can argue I have met the requirement.

Well aware of all of this. There is a big difference in wait times for "rest of the world" too. Bugs me when everyone is so focused on Indians and Chinese. My husband interviewed someone from Nepal last week for a Statistician position which would qualify for H-1b. English was barely understandable , fabulous technical skills but when the fact that he had no non-technical skills in his resume was addressed and he was asked to talk a little about those- he had no idea what to say and said he guessed he needed help with his Resume writing. He will probably get the job and H-1b as he has best tech skills of the applicants and then probably Green Card in the end.
Meanwhile English is my first language and I have 24 years progressive experience as a RN in the UK plus a BSN and teaching and research qualifications. I was offered the first RN job I applied for here in the US IN 2007 and E-B3 approved in Jan 2008. Not worked since we came here in 2009 but now, almost 6 yrs later, my B3 date is current but my sponsor (who is also my husbands employer!) wants me to apply for and secure a RN position before they'll continue with GC process. I now don't get many interviews because I haven't worked for 4 years!
If the DOL would recognize RNs as skilled professionals (it seems grossly unfair to group them, plus pharmacists for eg, with people who have no academic qualifications) then I probably would have been able to get a H1B visa back in 2007/8 as the company is a non-profit healthcare teaching and research organization. Sorry-rant over.