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  • EB2 requirements

    Hi,

    I'm asking the following questions after not finding the answer (most of) to these questions in these forums or through forums:

    1. For New York State, what is the miminum salary requirement for EB2?

    2. I noticed on USCIS site they mention that when you have B.S + 5 years experience, you can qualify for EB2. Does that mean 5 years continuous is a must?

    3. I have M.S. from UK which is 1 year in length and during H1 filing it is clearly mentioned that this is recognized as the equivalent of a Masters Degree in Computer Science with an accredited institution in US.
    I also have B.S. which is 3 years in UK.
    However my company's lawyer is saying that EB2 requires 18 years and my qualifications don't count for EB2.
    Please can anyone confirm about this?

    4. What is the basis of categorization for Priority Date - Country of Birth or Country of Citizenship?

    5. In the case where I need an experience letter, but the former colleagues of mine does not work anymore at that company,
    can I get a simple letter that's not on an overhead? I guess this happens so what do people do in this situation?

    Thanks in advance for help.

  • #2
    1. there are no state minimums. It depends on your job and level.
    2. Most of the times it is. Exceptions can be discussed with your lawyer.
    3. USCIS has been denying plain 3 yr degrees. Again, your qualification is secondary to what your job requires. It should be possible in your case if the job needs one and you qualify. Again, the lawyer has more case specifics than the forum.
    4. Birth
    5. Letterhead is not mandatory.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      1. Yes sorry I should have mentioned the job category. It's in the computer field Programmer/Analyst.
      I did not see any official mention so far on minimum salary to qualify for EB2 role from NY state??

      3. Yes I think you are right maybe lawyer knows more. I wonder maybe I should get a 2nd opinion since I know of other EB2 filings with similar qualifying criteria as me.

      Thanks!

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