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EB-2 Green Card filling under BS+5

Memphis, TN |

I am Commerce Graduate ( 3 years Grad Program ) from India and has around 12 + years of experience . As per BS + 5 Rules , it needs US Equivalent of Bachelors degree with 5 years of Experience . Secondly , I had 4 years of experience before joining the current or and I am working with this company since the last 9 years . The Attorney evaluated my case as ED - 3 with the reason of " Non Availability of Bachelors Degree " . I have been reading around and researching but could find the right answers if this gets classified under EB - 2 . Please Help .

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Attorney answers 5


A 3 year Bachelors degree from India is not considered equivalent ot a US bacjhelors degree for EB2 purposes



But to get Equivalency they also count 3 years experience as 1 year of experience. Thus 3 Years of Bachelors degree from India + 3 years experience = 4 years degree. And remaining 9+ years experience should do it. Isn't it?

Karen-Lee Pollak

Karen-Lee Pollak


There is a single source rule in EB2. You cannot combine education and experience to come to the 4 year degree. It must be from a single source


EB3. For purposes of qualifying for EB2 as BA plus 5 you cannot use work experience to reach the equivalent of a US BA degree.

Ari Sauer
Memphis Immigration Lawyer
Siskind Susser Law Firm
(901) 682-6455

Disclaimer: The information here is for educational purposes only and should not be relied upon without first consulting with an experienced immigration law attorney. The information given may not apply to your individual situation. Immigration laws, regulation and procedure change frequently. This information should not be relied upon as legal advice without first consulting with an immigration lawyer and is not intended to create an attorney-client relationship. Please note that this site is open to the public and any information posted by readers can be viewed by government officials. Ari Sauer is licensed as an attormey by the States of TN, NY & NJ, but is able to represent clients throughout the US. Practice limited to US immigration law. Neither NY, NJ nor TN offer certification as an Immigration Specialist. This is an advertisement.


You do not qualify for EB-2

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.


I agree with Attorney Pollak. Good luck to you.
Dean P. Murray
The Murray Law Firm
560 Sylvan Avenue
Englewood Cliffs, NJ 07632
T: (201)875-2600
F: (201)549-8700

Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during a face to face attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private consultation with an attorney. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, and attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on are intended as general information for the education of the public, and not for any specific individual.


My colleagues are correct. You are under EB3 because you must have a 4 year degree for eb2. Combination of education and employment are only considered where a 4 year degree is present-for eb2.

Dhenu Savla, Esq.
SwagatUSA, LLC

This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.

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