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EB3 to EB2

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  • Over 10 Years of Combined Experience in handling Employment based Green Cards. EB2, EB3 Categories
  • Comply with USDOL Regulations for PERM Process
  • Assist in filing AC21 while moving from another Employer
  • Efficiently handle I-140 Portability from Previous Employer approved I-140
  • Efficiently handle I-140 upgrade from EB3 to EB2 Categories
  • Properly file EB3 to EB2 Porting application with the USCIS to retain priority date
  • Send a no RFE I-140 Package to USCIS
  • Monitor Visa bulletin and send updates for I-485 Processing
  • Assist in fling I-485, I-765 and I-131 Applications
  • Comply with the USDOL and USCIS Regulations

 

Guidelines from NSC

  1. U.S. master’s degree – as long as it is in the field required no additional documents would be required
  2. 4 yr bachelor’s degree + 2 yr master’s degree ( India ) – with degrees in the same or related fields this will generally be considered the equivalent to a U.S. master’s degree with no additional documents required
  3. 3 yr bachelor’s degree + 3 yr master’s degree ( India ) – with degrees in the same or related fields this will generally be equivalent to a U.S. master’s degree with no additional documents required
  4. 3 yr bachelor’s degree + 3 yr master’s degree ( India ) – with degrees in the same or related fields this will generally be equivalent to a U.S. master’s degree with no additional documents required
  5. 3 yr bachelor’s degree + 1 yr postgraduate diploma + 2 yr master’s degree ( India ) with degrees in the same or similar field : generally be considered the equivalent of a bachelor’s degree plus one additional year of education so the beneficiary would also need to have 5 yrs progressive experience. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor’s degree it is possible that this would be considered the equivalent to a U.S. Master’s degree and there would be no need to establish 5 yrs progressive experience.
  6. 3 yr bachelor’s degree + 2 yr master’s degree (India) – Generally this would be the equivalent of a bachelor’s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category: However, foreign credential evaluation using the following additional evidence could make it to EB-2, Master's degree equivalent:
    Examples of comparable U.S. master’s degree programs requiring only one year to complete (indicating that a total of 5 years of undergraduate and graduate level education is sufficient); or
    Credential evaluations that provide a detailed comparison of credit hours completed by the beneficiary for the 3 year bachelor’s degree program with credit hours required by comparable U.S. bachelor’s degree programs.
  7. 3 yr bachelor’s degree + 2 yr master’s degree ( India ) + 5 yrs progressive, post-master’s degree experience – Generally the educational degrees would be determined to be the equivalent of a U.S. bachelor’s + 1 year and the beneficiary would meet the statutory requirement
  8. 3 yr bachelor’s degree + 2 yr master’s degree + 1 yr postgraduate diploma (India) – Generally this would be the equivalent of a bachelor’s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor’s degree or the 2yr master’s degree it is possible that this would be considered the equivalent to a U.S. Master’s degree and there would be no need to establish 5 yrs progressive experience
  9. If a master’s degree is required and the beneficiary does not have a U.S. master’s degree in the specified field of study the petitioner should be prepared to submit sufficient documentation to establish that the education that the beneficiary possesses is the equivalent to a U.S. master’s degree in the required field.

Education Requirement in Labor Certification Not Restricted to U.S. Bachelor or Foreign Equivalent Degree: Following will be acceptable for "Skilled Worker" catogory of EB-3:

  1. Will accept a combination of degrees or diplomas;
  2. Will accept 3 or 4 yr degrees;
  3. Will accept education evaluation prepared by a qualified credential evaluation service;
  4. Will accept educational equivalency evaluation prepared by qualified evaluation service or in accordance with 8 CFR § 214.2(h)(4)(iii)(D);
  5. Will accept a bachelor’s equivalent based on a combination of education as determined by a professional evaluation service;
  6. One year of experience in the job offered will substitute for one year of education toward a bachelor’s degree;
  7. Will accept single degree or any combination of degrees, diplomas or professional credentials determined to be equivalent by a qualified evaluation service.

Since there is no difference between the Professional EB-3 and the Skilled Worker EB-3 for the purpose of the immigrant visa numbers in the Visa Bulletin, sometimes it can be very important that the labor certification is drafted such a way that if the alien cannot meet the Professional EB-3, the alien has a backup of Skilled Worker EB-3 so that EB-3 I-140 petition is not denied.

 

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