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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
- U.S. master’s degree – as long as it is in the field required no additional documents would be required
- 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 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
- 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
- 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.
- 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. - 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
- 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
- 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:
- Will accept a combination of degrees or diplomas;
- Will accept 3 or 4 yr degrees;
- Will accept education evaluation prepared by a qualified credential evaluation service;
- Will accept educational equivalency evaluation prepared by qualified evaluation service or in accordance with 8 CFR § 214.2(h)(4)(iii)(D);
- Will accept a bachelor’s equivalent based on a combination of education as determined by a professional evaluation service;
- One year of experience in the job offered will substitute for one year of education toward a bachelor’s degree;
- 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.
