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 Eligibility for EB2
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Posted on 04-20-07 3:02 PM     Reply [Subscribe]
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Hi Sajhaians ...........Greetings on the occassion of New Year 2064.

Is 4 years Bachelors Degree from Nepal + 5 years Work Experience from Nepal is eligible for EB-2 Category?? I have raised this question in previous thread too but I got only one response. So posting again......
If you know please let me know. Also if anybody who has obtained/tried to obtain GC through Bachelors+ 5 Years work experience , if you could write your experience , I would appreciate that.
Indiain lawyer says I can go for Eb2 with this requirement but I do not want to lose my $7000 for lawyer fee if I can not....
Thanks in advance.
 
Posted on 04-20-07 3:15 PM     Reply [Subscribe]
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yes u can but ur experience shud be after ur 4 yrs of bachelor degree. it shud be post bachelor exp.
 
Posted on 04-20-07 3:50 PM     Reply [Subscribe]
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ho ra bhanya?? i doubt it. read this....

EB2 Green Card Details
The EB2 employment based green card is for individuals who are members of the professions with advanced degrees (any degree above a baccalaureate degree or a baccalaureate degree and at least 5 years progressive experience in the professions) or who have exceptional ability in the sciences, arts, or business who will substantially benefit the United States. The combination of a baccalaureate degree with 5 years experience in the professions is deemed equivalent to a Master's degree. If a doctoral degree is required for the particular profession, the alien must possess the doctoral degree.

In order to obtain permanent residency through the EB2 category, the applicant must have an employer willing to sponsor him or her through labor certification or PERM. The applicant does not have to be employed when labor certification/PERM is filed. A job offer is sufficient. Labor certification/PERM is the process whereby, the US government determines whether qualified US workers can fill the open position. Once the labor certification is approved, the employer may sponsor the applicant for permanent residency. An individual with an advanced degree, or a Ph.D. student, may obtain permanent residency without labor certification with a national interest waiver.

The EB2 process is as follows:

The employer performs the labor certification or PERM process;
The employer sponsors the employee for a green card; and then
The employee adjust his or her status to permanent resident.
For whom is an EB2 Green Card appropriate?
Foreign nationals with an advanced university degrees (masters degree or higher) and with a job offer from a US company

Foreign nationals with exceptional ability in the sciences, business or arts and with a job offer from a US company

What are the requirements for obtaining an EB2 Green Card?
Members of the professions includes, but is not limited to architects, engineers, lawyers, physicians, surgeons, and teachers in elementary or secondary schools, colleges, academia, or seminaries. It also includes any occupation for which a US baccalaureate degree (or foreign equivalent) is the minimum requirement for entry into the occupation. For member of the professions, advanced degree means any US academic or professional degree (or foreign equivalent degree) above that of a baccalaureate. A bachelor degree plus five years of progressive experience in the professions is considered as the equivalent of a master's degree.

Aliens of Exceptional Ability in the sciences, arts, or business. An alien will qualify for registration in this category if he or she is seeking to enter in the United States in his or her field and the entry of such alien will substantially benefit prospectively the national economy, cultural, or educational interests, or welfare of the United States.

Exceptional ability has been defined as something more than what is usual, ordinary, or common, and requires some rare or unusual talent, or unique or extraordinary ability in a calling which, of itself, requires that talent or skill. The possession of a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning or a license to practice, or certification for a particular profession or occupation, shall not, by itself, be considered sufficient evidence of such exceptional ability.

Does The Messersmith Law Firm handle these types of cases?
Yes, we take all types of immigration cases and represent clients worldwide. Here is a short sample of our recently approved petitions.
 
Posted on 04-20-07 3:58 PM     Reply [Subscribe]
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hey contour, i am correct. i dont know where u got that info but go thru this
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3460194d3e88d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1RCRD

EB-2 Eligibility and Filing

The EB-2 classification includes: aliens who are "members of the professions holding advanced degrees or their equivalent" and aliens "who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States."

A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) and the alien possesses such a degree or the equivalent. The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty.

Qualified alien physicians who will be practicing medicine in an area of the United States certified by the Department of Health and Human Services as underserved may also qualify for this classification. Read more about this program.

In order to be classified as having exceptional ability in the sciences, arts, or business, the individual must provide documentation of three of the following:

1. An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;

2. Letters documenting at least ten years of full-time experience in the occupation being sought;

3. A license to practice the profession or certification for a particular profession or occupation;

4. Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;

5. Membership in professional associations;

6. Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.

If the above standards do not apply to the petitioner's occupation, other comparable evidence of eligibility is also acceptable.
Application Procedures

USCIS Form I-140 Petition for Alien Worker is required. Your employer must file a USCIS Form I-140 (Petition for Alien Worker) at the USCIS Regional Service Center that serves the area where you will work.

EB-2 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 Employment and Training Administration for more information.

If you are a worker with exceptional ability in the sciences, arts, or business, you may apply to waive the requirement that you have a job offer if such a waiver would be in the national interest. To apply for a national interest waiver, you must submit Department of Labor Form ETA-750B. Please see the Department of Labor's Employment and Training Administration for more information.

Forms are available by calling 1-800-870-3676, or by submitting a request through our forms by mail system. For further information on filing fees, please see USCIS filing fees, fee waiver request procedures, and the USCIS fee waiver policy memo. Please click here for more information on USCIS offices.

source : http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3460194d3e88d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1RCRD
 
Posted on 04-20-07 4:00 PM     Reply [Subscribe]
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the alien has at least 5 years of progressive post-baccalaureate experience in the specialty. this is what is says in uscis website and its not some lawyers' website.
 
Posted on 04-20-07 4:06 PM     Reply [Subscribe]
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It all depends upon what position you work for or are getting hired for and if you have had substantial years of experience in the same field. EB2 = Job that requires exceptional ability Or Advanced Degree. Now in your case since you don’t have an advanced degree 1) First, your job must require a person with an exceptional ability. 2) Second, Your professional experience should qualify you to have that exceptional ability. Now, exceptional ability doesn’t necessarily mean mere 5+ years of experience. That, I believe, is minimum but would not guarantee you to qualify for EB2. Your job requirement and the type of job will drive most of it.
You might qualify with the help of a good lawyer and a flexible employer. Isn’t $ 7000 way too much for the attorney fees though?
 
Posted on 04-20-07 4:08 PM     Reply [Subscribe]
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yes i also think $7000 is little to much
 
Posted on 04-21-07 1:28 PM     Reply [Subscribe]
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To say simply ---The job requirement is Bachelors Degreen in Civil Enginerring + 5 years. I posses Bachelors Degree+ More than 5 yeras experience.(Actually Masters but I earned my master after 1 year work w/ present employer under CPT or OPT). Qualify for EB2, isnt??
 
Posted on 04-22-07 9:45 AM     Reply [Subscribe]
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Posted on 04-22-07 1:37 PM     Reply [Subscribe]
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can somebody share timeline for EB2 application? I started mine through EB2 march, 2007. I am still on labor
 
Posted on 04-23-07 11:40 AM     Reply [Subscribe]
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2 months labor certifications + 8-10 months
 


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