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What is the safest way to go for; regarding the EB2, should the employer apply by using the Master degree or Bachelor + 5 years?

Reading, MA |

The employer can sponsor the green card. I will get my Master by the end of this year but I have Bachelor + 5 years of experience. The job description mentioned when I was hired “MS or BS 3+/ or 5+ industry experience”. If I decided to go for the Master, I have to wait more than 6 months but the employer can start filing the GC now if my Bachelor + 5 years of experience are used. I am wondering if there is any issue if the Bachelor + 5 are used for filing EB2 or it’s safest to wait the Master. Your input would be appreciated. Thanks

My degree is not Indian.. It's 4 Years...

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Attorney answers 3


Generally, filing as soon as possible and getting an earlier priority date is preferable, since you are ahead in the queue. However, your employer's attorney is the best person to answer this. The attorney has your complete case history and is aware of any potential pitfalls. For ex- if your degree is Indian you may have a three year degree or some other issue. Talk with the attorney to decide how to proceed.

800-688-7892, Law Office of Anu Gupta. The advice suggested here is for general information only. It is not to be construed as legal advice. We promise to zealously represent you - but as with any legal matter, we cannot predict the approval of your case based on our past successes. Each case is different. If you are in a similar situation, we would recommend that you contact us to discuss your case.


There is nothing dangerous about the EB2 if it is done correct, in professional manner and does not involve fraud. Master degree or its equivalent, either one is good when properly assessed and fit into the overall picture of the position sought to be filled. Your employer really need to hire an experienced immigration attorney and soon Advise then on that. If they refuse, look for another employer as this one WILL spell trouble for you in the long run.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


Depends on the facts of the case.

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

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.