有關EB-2， EB-3申請中的學曆要求

By Jan Krasny 在EB-2 或 EB-3的申請類別中都有不同的學曆要求，以下我們會談談有關信息以供大家參考： EB-2 Category In order to qualify under the EB-2 category, the beneficiary must: 1) possess an advanced degree (beyond baccalaureate) or a foreign equivalent degree, or 2) 2) possess a U.S. baccalaureate or a foreign equivalent degree along with five years of progressive post-baccalaureate experience in the specialty. The problem arises in the interpretation of what is a “foreign equivalent degree,” and whether a three-year bachelor degree from India qualifies. Due to the lack of consistency during the USCIS adjudication process, there isn’t very good guidance available on this issue. Also at times, our firms’ experience shows that the USCIS adjudicators often do not follow AAO decisions during the review process and we have been successful at qualifying Indian three-year bachelor degree holders with five years of progressive experience for the EB-2 category in certain situations. However, in general the AAO decisions have articulated that in order to qualify for an EB-2. 1) The position must require at least a U.S bachelor degree or a four-year foreign equivalent, along with five years of progressive experience in the field. 2) If the position requires a U.S. bachelor degree or a foreign equivalent, in the absence of a master’s degree, a three-year bachelor’s degree from India will not meet this requirement regardless of what supplementary diplomas (such as postgraduate diplomas) or experience the beneficiary may have. EB-3 Category A similar problem arises in the EB-3 category. However since the EB-3 category includes both professionals and skilled workers, the problem is not as significant. To bypass the problem of defining whether or not the three year Indian bachelor is equivalent to a four-year U.S. degree, the petitioner should make sure that the position qualifications state that a Bachelor or its equivalent are sufficient. It is also crucial for the petitioner to include the definition of equivalency on the Form ETA 750 or 9089. This is possible, because the EB-3 category definition includes skilled workers, who are not required to have a bachelor’s degree. If the three-year bachelor’s degree is found insufficient, then the petitioner would still qualify as a skilled worker. 本文由範毅禹律師事務所提供 本律師事務所精辦各類勞工應聘及專業移民申請 (包括H-1，L-1，EB-1，EB-2，NIW，勞工卡，綠卡等申請)。所有申請由多位美籍律師及擁有15年經驗的範毅禹律師親自處理，我所並特設中英移民網站。內有最新移民新聞資訊及由律師主持的移民問答集，歡迎讀者流覽查詢。 www.fan-law.com (Chinese) www.fanuslaw.com (English) CALIFORNIA : Fan, Fitzpatrick & Thompson, LLP. 370 E. Glenarm St., Pasadena , CA 91106 Tel: [phone] Fax: [phone] MARYLAND : Fan, Fitzpatrick & Thompson, LLP. 230 North Washington Street, Suite 400 , Rockville , MD 20850 Tel: [phone] Fax: [phone]