Frequently Asked Questions - EB2 Green Card
- EB-2 Visa for a Veterinary Assistant
- Contacting USCIS when EB-3 is Changed to EB-2
- Green Card Eligibility Under EB-2 Classification
- Completed Master's Degree in One Year
- Qualifying Degrees for EB-2
- Trying for EB-2
- Eligible for EB-2
- Restart the green card under EB-2 category
- Avoiding PERM through EB-2 category
- EB2 Master's equivalency and employer
- EB-3 to EB-2 with the same employer
- Am I eligible for EB-2 or is it too early for green card
- Do I qualify for EB-2 ?
- Chances to get EB2 with B.Sc.
- EB-2 experience
- Switching Jobs after I-140 approval
- Green Card Expenses
- EB-2 Question
- Job description for the EB-2
- Perm process during OPT
- EB-3 category
- Can I apply GC in EB-2 category?
- Am I eligible for EB2?
- EB-2 category eligibility
- EB-2
- EB-2 eligibility
- Accredited degrees
- Can I change jobs and file PERM and I-140 under EB-2
- EB-2
- Job Change after I-140
- Filing EB-2
- Eligibility for EB2
- EB2 Eligibility
- EB3 to EB2 Portability
- EB2 qualification with MS
- Masters in Computer Science and EB2 eligibility
- Regarding GC application after PhD
- Can EB3 PD be carried to new EB2?
- EB2 - Eligibility
- EB2 Schedule A question
- EB2 Qualification
- EB-2 with ChE MS + 2 yrs exp
- EB2 eligibility
- EB-2 with three years bachelor's degree
- EB2 or EB3
- GC Processing and EB2
- EB2 and Clinical Specialist
- EB2 Eligibility
- EB2, volunteer work counted as an experience?
- EB2 eligibility
- If one has an approved I-140
- GC and EB2
- EB2 eligibility for advanced degree occupational therapist
- EB2 Priority Date Cross Changeability...
- EB2 for a State job
- EB2 with online masters degree
- EB-2
- PERM is approved under EB2
- EB2
- EB-2 Eligibility
- Cross chargeability
- US embassy denial
- PERM classification EB2
- EB3 to EB2 and I-140 Refile
- 10+3.5 years diploma + 3 years BS
- EB1 Extraordinary ability
- EB2 from EB3 qualification
- Master transcript as degree
- When does education become ground for denial - EB-2
- EB2 Qualification
- EB2 Qualification
- Occupational Therapist and EB2
- 3 years of experience in IT field and completing a Masters degree - EB2
- Downgrading from EB-2 to EB-3
- How to get H-1B approved for three years, not shorter duration
- Options to Stay in the USA After Expiration of H-1B
- Downgrading a Case from EB-2 to EB-3 for Priority Date Advantage
- EB-2 Approved - Applying for EB-3
- Not Worked for Green Card Sponsoring Company – – Fraud Implication for Naturalization/Citizenship
- How Can I Downgrade from EB-2 to EB-3 and Consequences
- Porting Priority Date from EB-2 to EB-1
- Can EB-2 Approved File For EB-3
- National Interest Waiver (NIW) Filing When Priority Date is Not Current
- Accredited University to get Master’s Degree to Process an EB-2 Green Card
- Change in Job Title after Getting a Green Card Approval
- Applying for Green Card while Holding H-4 Status; Applying for Green Card and Permanent Residence for Another Country Simultaneously
- Can a Green Card be Started on F-1 Status?
- Filing green card through multiple categories or employers and/or family simultaneously
- Impact of the new I-140 regulations
- J-1 Physician applying for following to join after waiver
- Automatic EAD extension; I-485 EAD
- Processing Times Involved in NIW
- The Proposed I-140 EAD Rule - FAQ's
- Physician filing green card
- Regarding Form G-884 (Returns of original documents)
- Green card through a future job
- How soon can I change employers after getting green card?
- How to get a copy of I-140 approval
- Green card through two employers and future employer
- Procedure for Porting a Priority Date from One I-140 to Another
- Changing from EB-3 to EB-2 Category
- Changing Jobs During Green Card
- Concurrent AOS filing for EB-2 Physical Therapist
- Obama's Immigration Action EAD At I-140 Stage
- Cross-Chargeability
- Writ of Mandamus for Govt. Delays
- Indian Experience While Filing PERM
- EB-2 or EB-3
- GC in L1-A Visa
- EB-2 and 3+2 Pattern of Education
- Exhibiting Immigrant Intent
You can qualify for EB2 only if two conditions are met:
1. Your degree is equivalent to a U.S. advanced degree (a credentials evaluation service needs to assess that under proper standards); and
2. The job requires an advanced degree or equivalent experience.
Send an email to the Nebraska Service Center at NCSCfollowup.NSC@dhs.gov
A Beneficiary’s degree must be from an accredited university in order for the Beneficiary to be considered eligible for a Green Card under EB-2 classification. Evidence such as SEVIS certification or state board approval, which confirm that the university is a legitimate educational institution, is not sufficient to show accreditation for Green Card purposes.
In June 2007, the USCIS clarified what is considered to be equivalent to a U.S. Master’s Degree for Employment-Based Category 2. Each petition and its supporting documentation are examined on a case-by-case basis and degree equivalencies are based on the evidence presented with the individual case. However, the below is provided as a general outline:
1. U.S. Master’s Degree – As long as it is in the field required, no additional document is required.
The AMIE is iffy. In fact I recall an AAO decision that said they will not recognize AMIE, but then a more recent decision was a bit more wishy-washy. Anyhow, I think an EB2 must be tried. The MTech will help.
People with over 5 years of exp. after a 4-year degree may be ale to restart the green card under EB-2 category and then port their PD. Basically, you are redoing the PERM and I-140 for an EB-2 level job.
You can avoid the need for PERM through EB-2 only if you are applying for a National Interest Waiver.
It all begins with the lawyers. So, make sure your counsel are meticulous and plan for every possible eventuality they can think of. The job HAS to be described truthfully.
You can, if the job offered is more than 50% different than the job you were performing so far with the same employer.
You are certainly eligible for EB2 and you must apply as soon as possible. Professorial jobs can reuse existing advertisements if they file PERM within 18 months of when the job was offered to them. You should also have your resume assessed for a simultaneous EB1 application.
You qualify.
Your degree must be equivalent to a US Bach. degree. Incomplete degrees are not counted for EB2.
Continuous employment is not required, but you can use the experience with the same employer ONLY if the job you used to perform and the job you will perform after the green card are more than 50% different.
1. You can keep the PD only as long as the sponsoring employer does not revoke your I-140, go out of business and USCIS does not revoke the I-140 OR, USCIS does not revoke the I-140 for fraud.
2. No.
The employer is bound by law to pay for all expenses, including legal fees, associated with the PERM process (but not the rest of the green card process).
You could qualify for EB-2 under BS + 5.
It is possible to use the after-acquired skills only if the job in the past and the green card job are more than 50% different.
This question requires your lawyers to assess the case. Generally speaking nothing stops you from filing a PERM application while on OPT and an Eb2 appears possible.
It is possible, but the green card will have to be started again from PERM.
Diplomas are unpredictable. I think EB-2 is doubtful.
You appear to be qualified for EB-2.
The minimum requirements for the job are 2 years exp. This job does not qualify for EB-2. You do.
It is possible, but your lawyers must assess which route is best for you: evaluate the two degrees to be equiv. to a Bach. and use Bach + 5 for EB-2 OR just use the Master's degree (risky).
EB2 is possible
Your lawyers are right in that CA is not accepted as education by USCIS. Speak with a credentials evaluation agency about Master's degrees.
You COULD qualify for EB-2 depending upon your qualifications and the job requirements. If you leave before I-140 is approved, you may get nothing out of the process. But leaving after I-140 approval gets you your priority date to carry forward.
It is possible and common for employer B to get H-1 extension based upon an I-140 approval of employer A. You need to speak about the details with a lawyer.
You need to speak with your lawyers to decide on the timing of the filing. For EB-2 a requirement of minimum Master's degree or in the alternative Bach. + 5 years of post bach experience qualifies you for an EB-2.
Depends. If the SE diploma is post graduate (not available for undergrads) AND recognized - you MAY be eligible for EB-2.
If your BS and MS are in the same field and are related to your work, EB-2 should work.
Theoretically, this is possible. As to the practical implications, you must speak with the lawyers who will represent you in the second green card process.
Yes, you qualify for EB-2, unless the alternate requirements, if any, for the job are less than Bachelor's + 5 years exp.
If the job requires a Master's degree - yes.
EB-2 chances look pretty good.
It is logically inconsistent for two jobs from the same company for the same individual. If you have a good, logical, true explanation, there is no law that says you cannot have two PERM apps for the same individual for different jobs with the same company. But you cannot transfer PD until the I-140 is approved. I see no issue with changing jobs right away. You may have just enough time.
Under EB-1, probably no. Under EB-2, unlikely, but have your lawyers review.
If you are qualified, you can apply for Schedule A. I cannot think of any way the PERM denial or layoffs could cause any issues and there should be no waiting to file.
Assuming BTech is a 4-year degree, it looks like you are eligible for EB-2.
You qualify for EB-2, of course, whether or not a promotion is required is entirely up to your lawyer and the employer to determine. Any position that requires an MS OR BS = 5 years experience (progressively responsible) qualifies for EB-2 filing.
Yes, you are eligible for EB-2.
Usually, you are NOT permitted to put together two 3-year bach. degrees. So, it appears unlikely you will qualify for EB-2.
Generally speaking, if BS and MS are in the same or similar fields, you should be able to combine them to arrive at a 4-year degree for EB2 purposes. You should have a shot at EB2.
For people born in countries that have an EB2 backlog, times can vary greatly from 3-4 years to longer depending upon a number of variables. One big advantage of getting at least to the I-140 approved stage is that you can carry your priority date to the next employer and get H-1 extension beyond six years.
Under the current law, it is possible to use the expience gained with the same employer if the labor certain job is more than fifty percent different from the earlier positions held with the same employer. Only a competent lawyer can help you assess the chances.
With a four-year Bach. Degree and more than five years of post Bach experience, you should be able to have a shot at EB2.
GENERALLY speaking, for EB-2, there is no requirement that I know of mandating paid experience. Volunteer experience could potentially be used.
You will need 5 years of post-bachelor's experience. Certifications do not usually help.
No, the job does not have to be similar. The green card has to be done again, but the PD can be ported to any job and category (EB1, EB2, EB3).
You can apply for EB2 if the job requires Bach. with 5 years of post bach. exp. and yes, you can use cross chargeability. Discuss details with your lawyers.
In my opinion, if your job requires an advanced degree, you can apply for EB-2.
Yes, that is correct. This is referred to as "Cross Changeability."
You are correct. You will not qualify for an EB2 unless the job also legitimately requires a post graduate degree or Bach. with five years of experience at a minimum.
The key here is to find if the degree is accredited. Get together with the school.
The job must also require (genuinely) EB-2 level qualifications.
There are some variables. Generally speaking, if the BTech is supposed to be a 4-year degree and you got it in three because of your diploma, you should be fine.
The biggest delay for most people is in the priority date movement. Check out the Visa Bulletin and the PERM processing times. That should give you a good idea.
Impossible to predict. It all depends upon the type of degrees and the language used in the Form ETA 9089
Cross changeability is possible if your spouse was born in a country other than your country of birth. She can file her I-485 only if she is in USA.
It is unlikely, but possible.
As long as the job requires a Master's degree and you have earned that degree by the time you file your PERM, you should be able to get EB-2.
Generally speaking, I see this as a good opportunity to start a new PERM under EB2 and then transfer the priority date. Speak with your lawyers.
I think your worry is well founded. These type of cases are difficult to get approved. I am commenting in general because I do not know the exact facts. Discuss your concern with your lawyers and if possible, get a response in writing.
Impossible to answer, Doc. This is like diagnosing a patient without access to the patient or his records. Impossible for me to say. I do not know your case.
The term "EB" means employment-based. EB-2 is available for people with post graduate degrees (by US standards) OR a 4 years bach. degree with five years of progressively responsible experience. You need to speak with your lawyers about applying for an EB-2 and transferring your priority date.
Generally speaking, under immigration law we focus on when the degree was completed - NOT when the formal diploma was conferred. Speak with your lawyers.
Your education/qualifications are USUALLY questioned in great detail at the I-140 stage. But USCIS or DOL can question any of these matters at any stage. I have seen approved I-140's being reopened and denied at the I-485 stage.
It is possible, but tell your lawyers to draft the PERM application carefully, so if EB2 is denied, EB3 should still be approved.
It is possible, but tell your lawyers to draft the PERM application carefully, so if EB2 is denied, EB3 should still be approved.
OT's have no special category unlike physical therapists. But EB-2 may be possible. Discuss with her lawyers.
I assume you are asking whether you can process an EB-2 green card. The answer is yes, once you complete your Master's degree and take up a job that requires such degree or Bachelor's plus five years experience.
Watch the Video on this FAQ: Downgrading from EB-2 to EB-3
Video Transcript
I see no problem applying for EB-3 and then using whichever one is faster when the time comes. More...
Watch the Video on this FAQ: EB-2 approved applying for EB-3
Video Transcript
Watch the Video on this FAQ: Porting priority date from EB-2 to EB-1
Video Transcript
Watch the Video for this FAQ: Can EB-2 approved file for EB-3?
Video Transcript:
Watch Video on this FAQ: Can a green card be started on F-1 status?
Video Transcript
Watch the Video on this FAQ: Impact of the new I-140 regulations
Video Transcript:
Watch Video on this FAQ: Automatic EAD extension; I-485 EAD
Video Transcript:
Question 1: Redo the PERM or just the I-140. If redoing the PERM again then what's new in this regulation?
Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.
Question 2: It seems that there is no easy provision for EAD/AP for approved 140 applicants. So is there any point in waiting for this rule or Should I consider Visa stamping is only option for traveling outside US? Please suggest as I waited for a year or long thought they are going to give AP.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
Form G-884 is used to request return of documents YOU had sent to USCIS (e.g., your college degrees and diplomas). Use FOIA for the purpose you are considering.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/3Heaadpk1Ik?t=599
FAQ Transcript:
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=baprYGs8IzQ&t=1376
FAQ Transcript
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=baprYGs8IzQ&t=893
FAQ Transcript
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=sXq6DaDK7AA#t=657
FAQ Transcript
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
FAQ Transcript
Concurrent filing is possible ONLY if your priority date for EB-2 is current, and not backlogged.
I have heard that there is a proposal to allow filing of I-485
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=ujMQ79pgzX8
FAQ Transcript
See the marked clip below from Rajiv's video recording for the answer to this question.
https://www.youtube.com/watch?feature=player_detailpage&list=UUm4s1qwOSz...
Generally speaking, you can use the experience gained with an employer who has a tax ID number other than your petitioning employer.
Internships do qualify as experience. You need to get your degrees evaluated under AACAO EDGE standards first .
1. You can apply for green card without any wait.
2.
If the Master's degree is accredited, you do not need post-Master's experience for EB-2. There can be some issue about the 3+2 pattern of education, but an accredited Master's should fix it.
Exhibiting immigrant intent CAN be a problem for J-1. It is not certain that you will have a problem, but the potential does exist.