check Yates Memorandum:
Each of the following option is acceptable for EB-2, each standing alone:
(a-1) Item 14: Education - M.S., M.A., or Equivalent; Experience - 0
(a) Item 14: Education - B.S. (or foreign equiv); Experience - 5 years
job offered or related occupation
(b) Item 14: Education - M.S.or equiv**; Experience - 3 years job
offered or related occupation, and in Item 15: **Will consider
candidates with BS and 5 yrs experience.
(c) Item 14: Education - M.S. or equiv**; Experience - 3 years job
offered or related occupation, and in Item 15: Bachelor's degree in
XXX or academic equivalent, and 5 years of progressive experience will
substitute for Master's degree in XXX and 3 years of such experience.
Revolutionary rule: "Unless the ETA 750 clearly and explicitly
requires that the level of experience that a Master's applicant must
have must be post-magisterial experience," in both (b) and (c) above,
the applicant does not have to prove BS+5 yrs+3 yrs exp. The 3 years
of experience requirement can include the 3 years which are used to
make up "5 years." In other words, simply BS+5 yrs of exp requirement
in (b) and (c) above makes it equivalent to MS+ 3 yrs exp requirement,
unless additional experience is clearly and explicitly required by the
employer in ETA 750 Item 14!!! Kudos!!!
By the same token, unless clearly and explicitly required, alien who
has just earned MS with no post-MS experience can meet (b) or (c) if
the alien gained such experience before MS.
Each of the following option is acceptable for EB-2, each standing alone:
(a-1) Item 14: Education - M.S., M.A., or Equivalent; Experience - 0
(a) Item 14: Education - B.S. (or foreign equiv); Experience - 5 years
job offered or related occupation
(b) Item 14: Education - M.S.or equiv**; Experience - 3 years job
offered or related occupation, and in Item 15: **Will consider
candidates with BS and 5 yrs experience.
(c) Item 14: Education - M.S. or equiv**; Experience - 3 years job
offered or related occupation, and in Item 15: Bachelor's degree in
XXX or academic equivalent, and 5 years of progressive experience will
substitute for Master's degree in XXX and 3 years of such experience.
Revolutionary rule: "Unless the ETA 750 clearly and explicitly
requires that the level of experience that a Master's applicant must
have must be post-magisterial experience," in both (b) and (c) above,
the applicant does not have to prove BS+5 yrs+3 yrs exp. The 3 years
of experience requirement can include the 3 years which are used to
make up "5 years." In other words, simply BS+5 yrs of exp requirement
in (b) and (c) above makes it equivalent to MS+ 3 yrs exp requirement,
unless additional experience is clearly and explicitly required by the
employer in ETA 750 Item 14!!! Kudos!!!
By the same token, unless clearly and explicitly required, alien who
has just earned MS with no post-MS experience can meet (b) or (c) if
the alien gained such experience before MS.
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