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EB2 - progressive work experience instead of masters degree. Advice?

Atlanta, GA |

Hello, I graduated in 2006 with degree in Business Mgmt from a US college
Worked from 2006-2007 as Financial Analyst in MA on OPT (1yr)
Then worked 2007-2008 Financial Analyst in India (1 yr)
Then mid 2008- mid 2010 Financial Analyst in MA (2 yr)
mid 2010- present- Manager, Financial Planning in India (1 yr)

Now got a job as a Medical Office Administrator in GA, company is applying for my H1B visa. My question is:
Once i come to the US again, theyre putting in my I 140 application for GC, im born in india for long wait for EB2 but could this experience count as 5 years progessive work exp? If USCIS questions this exp. ever, at what stage will they do this- once I 140 has been submitted or once papers for I 485 are filed?

What are your thoughts on this case? Thanks

2006 Degree was a Bachelors Degree in Business Management. Also 2007-2008 work was unpaid, would this be a problem? Thanks for the replies! In this case, the job has hired and sponsored an H1B previously but he had an MBA. I dont have a masters degree but do have 5 years work experience which the employer is satisfied by.

Attorney Answers 2


  1. This will be questioned at the I-140 stage, and I think you might have trouble meeting the "five years of progressively more responsible experience" requirement to get into the EB-2 category with a Bachelor's degree.

    You would need to submit letters with the I-140 from your previous employers documenting your progressively more responsible work experience in the field. Aside from your experience being in a different field, I'm not clear that all of it was truly progressively more responsible (at least up until the last position).

    Plus, your employer would need to document that a Master's/Bachelor's plus five years of progressively more responsible work experience was truly the minimum requirement for the job.

    Speak with a lawyer for further guidance.


  2. The regulations require a U.S. bachelor's degree (or foreign degree equivalent) plus five years of progressive, post-degree work experience. The five years of experience must be progressively more responsible and the USCIS may require an affidavit or statement under penalty of perjury that such progressive experience is required for the job. The "employment experience" must reveal progress, movement forward and advances toward increasingly complex or responsible duties, demonstrating advancing levels of experience and knowledge in the specialty.

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

    David N. Soloway
    Frazier, Soloway & Poorak, P.C.
    1800 Century Place, Suite 100
    Atlanta, Georgia 30345 www.fspklaw.com
    404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com

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