GC filing requirement for eb2
Hi - the attorneys are saying that to qualify for eb2 one must have either a masters degree + 3yoe Or Bachelors degree plus 5yoe I checked the USCIS and DOL website and the only requirement I found was masters degree (ie advanced degree), there was no mention of work ex requirement? Can people from other companies comment on it? Did they face similar issues ?
If ur job can be done by a citizen who has bachelors and experience then ur case could be difficult to justify that's why the lawyer is wanting experience
The 5yr requirement is documented on the USCIS website https://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2 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).
Yes I am clear about the bachelors + 5yoe requirement, but for masters the degree documents should be enough. The attorney is emphasizing on masters plus 3yoe to be eligible for eb2
Ah gotcha, misunderstood your initial question. The 3 yr requirement, while not on paper, is usually preferred to prove it's not an entry level position; just to make the case stronger
Show to the attorney that this is what you found, it defers from what they said... ask them to please explain or clarify in detail kind of...
Maybe it’s a company policy?
No i asked the attorney , they said it’s a Dept of labour policy but I couldn’t find any evidence supporting it on the websites
In other words, he’s BSing you