Am I eligible for a green card filing in EB2 category?

Asked almost 3 years ago - Houston, TX

My professional background is as follows.

- 4 years bachelors degree from outside USA.
- 2 years experience with company A outside USA.
- 6.5 years experience with company A in USA
- $71k annual compensation.

My employer says that I am ineligible for EB2 green card because my experience with the same company in the U.S. will not be considered as U.S. experience. Is this true?

Is my case eligible for a green card filing in EB2 category?

Attorney answers (5)

  1. Stuart Jonas Reich

    Pro

    Contributor Level 19

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    Answered . First, there really isn't any such thing as whether r not a PERSON qualifies for EB-2; it's the job being offered that does or doesn't qualify, because the job's minimum requirements are what determines EB-2 eligibility.

    For example, if a company has five people employed in the same job, and three (including the person for who they want to file a green card case) had Master's degrees when hired, one more had a Bachelor's degree and five years' experience when hired, and one had a Bachelor's degree and four years' experience when hired, this wouldn't be an EB-2 job and they couldn't file the case that way, even though the beneficiary has a Master's because that last person had less than a Master's or the equivalent Bachelor's plus five years, meaning that the minimum requirement wasn't sufficient.

    Assuming this isn't an issue here, I have to agree with your employer - same-company experience generally can't be used to qualify a beneficiary unless that experience was obtained in a job 50% or more different from the job for which the employer is petitioning. IF this is your situation - they are petitioning for a different job (>50%) form the one in which you gained all the experience, this earlier experience can be used and the case filed under EB-2 - but this is a very difficult (and risky) argument to make.

    Sorry I don't have better news.

  2. J Charles Ferrari

    Contributor Level 20

    Answered . Yes. Experience gained with the petitioning employer cannot be used to meet the requirements for a position for which a Labor Certification is being filed.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  3. C. C. Abbott

    Contributor Level 20

    Answered . My colleagues have provided excellent comments. You need to discuss the options with your employer's attorney who can advise as to what other possible options you have to secure immigration benefits. Good luck.

    Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to... more
  4. Richard Andrew Constantino Alton

    Contributor Level 14

    Answered . I agree with my colleagues, you should speak with your employer's attorney to investigate alternative options in meeting your ultimate goals.

    The statement above is only for general knowledge purposes and at no time intended to be a legal opinion. The... more
  5. Lynne Rogers Feldman

    Contributor Level 18

    Answered . Are Company A outside the U.S. and Company A inside the U.S. related companies? If so you may be eligible as a multinational manager in the EB-1-3 category. to determine this or EB-2 eligibility would require a detailed review of your skills and the proposed job.


    Lynne R. Feldman, Attorney at Law
    Concentrating in Immigration and Nationality Law
    2221 Camino Del Rio South, Suite 201
    San Diego, CA 92108
    phone: (619) 299-9600, facsimile: (619) 923-3277
    email: lynne@feldmanfeldman.com
    website: www.immigrateme.com

    Formerly Adjunct Professor -- Immigration law
    University of Illinois College of Law

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