Skip to main content

Does the position requiring minimum of Bachelor's Degree plus 5 years of progressive experience qualify for EB-2 Green Card

Rochester, MI |

My wife's current position requires minimum of Bachelor's Degree plus 3-5 years of experience, obviously, it does not qualify for EB-2 category. Fortunately, my wife's employer would like to sponsor her Green Card through EB-2 based on the future employment (a genuine position which is currently available) and this position requires minimum of Bachelor's Degree plus 5 years of progressive experience. However, a business immigration specialist working for my wife's employer said since the position does not require a minimum of Master's Degree, it still does not qualify for EB-2. The specialist's conclusion seems conflicts with EB-2 qualifications explained by USCIS (Master's Degree or Bachelor's Degree + 5 years of experience), am I right?
P.S. My wife has a MBA degree and 5+ years of e

Attorney Answers 4

Posted

Only if the required bachelor's degree is a four year bachelor's degree.

Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through http://www.ailalawyer.com.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

Mark as helpful

1 lawyer agrees

1 comment

J Charles Ferrari

J Charles Ferrari

Posted

On rereading your posting, I must agree with the immigration specialist. The position does not qualify for EB-2 as the minimum requirements are a Bachelor's degree + 3 years of experience.

Posted

Agree. Your wife and employer should look for an attorney whose advice they trust.

The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known and detailed research has not been undertaken. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers require an investigation into all facts about your case. Any answers offered on Avvo are of a general nature only and are not meant to create an attorney-client relationship. Use these answers at your own risk.

Mark as helpful

1 lawyer agrees

Posted

I agree with Attorney Ferrari.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

Mark as helpful

Posted

I would recommend that you contact attorney Sufen Hilf. She has extensive experience in EB-2 cases. Her office number is (248)792-2590. Visit her website at the attached link.

Mark as helpful

Employment topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics