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My husband has an Bachelor's Engineering degree(4years) from India. He worked in India for 1 year from mid 2004-mid 2005 and then moved to the US on a project. He worked in that project for 6 months and then went back to India for a month and then again came back to the US in 2006 January and since then he is here. He has been working for the same company from 2004 to 2012 January. Meanwhile that company filed his GC in June 2010, since they filed it in EB3 category, my husband changed his job and now he is in a different company. This company is going to file his GC, not sure if they are going to do it in EB2 or EB3.
1. He is an engineering graduate(4 years) from India.
2. He has an experience of 9 years(7 years in the previous company and 2 years in the present company)
3. He is a Team Lead for around 15 QA members.
4 He earns around 120K/year.
Are these enough for the attorney to file his GC in EB2 category or does he need to do anything more? While recruiting him in the new company they never asked for a bachelor's or master's degree. They just asked for an experience of 8 years in QA. Can the same Job Description be given while filing GC or do they need to mention the need for a Bachelor's degree graduate with 9 years experience(one of my friend said that if they dont mention the need for qualification and just ask for experience alone automatically the attorney will file his GC in EB3 Category). Is this true?
I am not an immigration attorney; this is not legal advice.
It is possible to get a professor from a reputed university to evaluate work experience, publications, and such as being equivalent to a Masters degree. This evaluation can then be used to apply for a green card in EB2 category. Any immigration attorney worth his/her salt will/should do this automatically.
Having said that, if the original job ad did not at all mention Masters (even as preferred), it might be difficult/impossible to file a petition in the EB2 category.
But, nothing stops the employer from creating a new job where a Masters degree or its equivalent is preferred/required. Your husband may apply for the new job and qualify after the employer has duly evaluated other candidates for the new job.
Sezzam, thanks a lot for the reply. Just a doubt, I did not understand the middle part. Did u mean to say the original ad should have a mention of bachelors degree. Was it a typo that u have written masters instead of bachelors?
Sezzam, thanks a lot for the reply. Just a doubt, I did not understand the middle part. Did u mean to say the original ad should have a mention of bachelors degree. Was it a typo that u have written masters instead of bachelors?
it's masters, not bachelors. any job posting that does not require a master's degree won't qualify for eb-2. i have the same experience. when i got here in the US in 2007, my profession didn't require a master's degree yet. in 2008, it required masters. when i moved to my current employer, they were able to try to file me for eb-2 because of that upgrade in the professional requirement. unfortunately, i'm just now snagged by PERM audit review delays
Many foreign nationals do not understand that making it to the EB-2 priority line is not solely based on the individual's academic qualifications. The regulations clearly specify that the position offered must require a Master's degree and/or that it is a normal industry requirement and/or that other similar businesses require Master's degrees. In other words, you can't simply say "I'm an EB-2 because I've got a Master's." It depends on the job position.
I deal with this issue a lot. Many of the positions do not require Master's degrees. Some do not even require Bachelor's degrees. And yet some feel they should be entitled to be bumped up to EB-2 simply because they have higher degrees. The key is that the position does not require the higher degrees. None of the other similar businesses has such a requirement and it is certainly not an industry standard. As much as it pains me, these are EB-3 PERMs.
Many foreign nationals do not understand that making it to the EB-2 priority line is not solely based on the individual's academic qualifications. The regulations clearly specify that the position offered must require a Master's degree and/or that it is a normal industry requirement and/or that other similar businesses require Master's degrees. In other words, you can't simply say "I'm an EB-2 because I've got a Master's." It depends on the job position.
I deal with this issue a lot. Many of the positions do not require Master's degrees. Some do not even require Bachelor's degrees. And yet some feel they should be entitled to be bumped up to EB-2 simply because they have higher degrees. The key is that the position does not require the higher degrees. None of the other similar businesses has such a requirement and it is certainly not an industry standard. As much as it pains me, these are EB-3 PERMs.
Exactly this, except that the position could say "or 5+ years of experience" and then the GC could be filed as EB-2. But your husband would need to have those 5+ years with the same or very similar duties in PREVIOUS jobs.
But that's the #1 rule. EB-2 is not about the candidate, but the position, if the position says bachelors is enough, then he is out of luck.
I am confused now. Kindly clear it for me. My husband has a 4 years bachelors degree with 9 years of experience plus he is a team lead, so the job requirement should be bachelors plus 5 plus years experience and his gc can be filed in eb2 category right? Whereas if the JD says masters plus 5 years experience then he cannot qualify for an eb2 because he does not have the masters qualification. Please correct me if I am wrong.
I am confused now. Kindly clear it for me. My husband has a 4 years bachelors degree with 9 years of experience plus he is a team lead, so the job requirement should be bachelors plus 5 plus years experience and his gc can be filed in eb2 category right? Whereas if the JD says masters plus 5 years experience then he cannot qualify for an eb2 because he does not have the masters qualification. Please correct me if I am wrong.
I think it has to be masters OR 5 years. He needs to check with an immigration attorney for precise advice. The 5 years are in lieu of a masters, so I think you are right.
If it says BOTH masters and 5+ years he is disqualified. Not because of EB-2 rules, but because the job description, but that would be a very dumb mistake from the company if they really want to get him a green card under EB-2.
Many foreign nationals do not understand that making it to the EB-2 priority line is not solely based on the individual's academic qualifications. The regulations clearly specify that the position offered must require a Master's degree and/or that it is a normal industry requirement and/or that other similar businesses require Master's degrees. In other words, you can't simply say "I'm an EB-2 because I've got a Master's." It depends on the job position.
I deal with this issue a lot. Many of the positions do not require Master's degrees. Some do not even require Bachelor's degrees. And yet some feel they should be entitled to be bumped up to EB-2 simply because they have higher degrees. The key is that the position does not require the higher degrees. None of the other similar businesses has such a requirement and it is certainly not an industry standard. As much as it pains me, these are EB-3 PERMs.
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
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