As most of our readers know, which preference category you are placed in based on your labor certification can have a dramatic impact on when you will be eligible to file your I-485 Application to Adjust Status, which is usually the last step in getting your "green card" or permanent residency status. For example, according to the September 2006 Visa Bulletin, applicants from China in the second preference category (EB-2) are eligible to file their I-485s if they have a priority date of on or before March 1, 2005. Applicants from China in the third preference category (EB-3) are eligible to file their I-485s if they have a priority date of on or before March 1, 2002, a full three years earlier.
The third preference category (EB-3) includes skilled workers, professionals, and other workers. This catch-all category includes professionals with a bachelor's degree, workers with at least two years of training or work experience, and "other workers" with less than two years of training or work experience.
The second preference category (EB-2), on the other hand, is reserved for persons holding an advanced degree or its equivalent in education and work experience working in a position requiring a member of the professions holding an advanced degree. A master's degree or higher is considered an advanced degree, and a bachelor's degree plus five years of progressive experience in the specialty is equivalent to a master's degree. A bachelor's degree plus any less than five years of experience will place the petitioner in the EB-3 category. The trick here is that not only must the foreign national hold an advanced degree or its equivalent, but the job must require an advanced degree or its equivalent in order to qualify for the EB-2 category. Many otherwise qualified foreign nationals get put into the EB-3 category despite the fact that they may hold an advanced degree simply because their employer requires less experience. Furthermore, it is important to remember that the necessary education and/or experience must have been gained before the foreign national begins the job for which the labor certification has been filed. For example,
John holds a master's degree plus three years of experience when he begins working for Company A. Company A files a PERM application on John's behalf, where it states that either a master's degree plus two years of experience or a bachelor's degree plus three years of experience is required for the job. John will be placed in the EB-3 category.
Rick holds a Ph.D. but no experience when he begins working for Company B. In Paul's PERM application, Company B states that a master's degree is required for the position, but it will accept a bachelor's degree plus four years of experience in a related field. Paul will also be placed in the EB-3 category.
Sally holds a Master's degree but no experience when she begins working for Company C. In Sally's PERM application, Company C states that a master's degree or a bachelor's degree plus five years experience is required for the position. Sally will be in the EB-2 category.
Considerations such as the job requirements should be fully discussed by the employer and employee before filing a PERM application so that there will be no surprises. Consult with an experienced immigration professional in order to help you avoid this and other hazards on the road to acquiring permanent residency status for you and your family.
The third preference category (EB-3) includes skilled workers, professionals, and other workers. This catch-all category includes professionals with a bachelor's degree, workers with at least two years of training or work experience, and "other workers" with less than two years of training or work experience.
The second preference category (EB-2), on the other hand, is reserved for persons holding an advanced degree or its equivalent in education and work experience working in a position requiring a member of the professions holding an advanced degree. A master's degree or higher is considered an advanced degree, and a bachelor's degree plus five years of progressive experience in the specialty is equivalent to a master's degree. A bachelor's degree plus any less than five years of experience will place the petitioner in the EB-3 category. The trick here is that not only must the foreign national hold an advanced degree or its equivalent, but the job must require an advanced degree or its equivalent in order to qualify for the EB-2 category. Many otherwise qualified foreign nationals get put into the EB-3 category despite the fact that they may hold an advanced degree simply because their employer requires less experience. Furthermore, it is important to remember that the necessary education and/or experience must have been gained before the foreign national begins the job for which the labor certification has been filed. For example,
John holds a master's degree plus three years of experience when he begins working for Company A. Company A files a PERM application on John's behalf, where it states that either a master's degree plus two years of experience or a bachelor's degree plus three years of experience is required for the job. John will be placed in the EB-3 category.
Rick holds a Ph.D. but no experience when he begins working for Company B. In Paul's PERM application, Company B states that a master's degree is required for the position, but it will accept a bachelor's degree plus four years of experience in a related field. Paul will also be placed in the EB-3 category.
Sally holds a Master's degree but no experience when she begins working for Company C. In Sally's PERM application, Company C states that a master's degree or a bachelor's degree plus five years experience is required for the position. Sally will be in the EB-2 category.
Considerations such as the job requirements should be fully discussed by the employer and employee before filing a PERM application so that there will be no surprises. Consult with an experienced immigration professional in order to help you avoid this and other hazards on the road to acquiring permanent residency status for you and your family.
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