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  • Green card process with 15 years Education

    Hi All,

    I am currently working in US on H1B and have future plans for applying for Green card. I have 15 years education in India and total 9 years of Experience which include 6.5 years in India and 2.5 in US. My friends says if i have 15 years of education i am eligible for EB3 only and not for EB2. IS it true? If yes what are possible things i can do now so that when i start my green card process i am eligible for EB2.

    Thanks.
    Satish

  • #2
    Originally posted by satti8982 View Post
    Hi All,

    I am currently working in US on H1B and have future plans for applying for Green card. I have 15 years education in India and total 9 years of Experience which include 6.5 years in India and 2.5 in US. My friends says if i have 15 years of education i am eligible for EB3 only and not for EB2. IS it true? If yes what are possible things i can do now so that when i start my green card process i am eligible for EB2.

    Thanks.
    Satish
    There is no "one answer fits all" solution to such questions. Prima facie its the job description which defines whether its EB1/EB2/EB3 so firstly does the job that you planning to join in future require an EB2 visa ?

    Please read below the Eligibility criteria and determine which category you can belong to:


    Eligibility Criteria

    Advanced Degree

    The job you apply for must require an advanced degree and you must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field).
    Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.



    Exceptional Ability

    You must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”

    You must meet at least three of the criteria below.*

    National Interest Waiver

    Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States would greatly benefit the national. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker.

    You must meet at least three of the criteria below* and demonstrate that it is in the national interest that you work permanently in the United States.

    * Criteria

    1. Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability
    2. Letters documenting at least 10 years of full-time experience in your occupation
    3. A license to practice your profession or certification for your profession or occupation
    4. Evidence that you have commanded a salary or other remuneration for services that demonstrates your exceptional ability
    5. Membership in a professional association(s)
    6. Recognition for your achievements and significant contributions to your industry or field by your peers, government entities, professional or business organizations
    7. Other comparable evidence of eligibility is also acceptable.

    Note: Employment-based, second-preference petitions must generally be accompanied by an approved individual labor certification from the Department of Labor on Form ETA-750. Please see the Department of Labor’s “Foreign Labor Certification” link to the right for more information.

    To qualify for an EB-2 visa, your employer must file a Form I-140, Petition for Alien Worker.


    This is my opinion not legal advice.

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