EB2 or EB3
 

Hi All,

I've been in Kansas City now for just under a year on an L1b and I want to stay in the US permanently, my company want me to stay and so plan to apply for a green card. I'd obviously prefer to apply for an EB2 as its quicker. Here's my question,

How do the USCIS view UK BEng (Hons) degree, do they count it as advanced? I see conflicting information online regarding US universities and employers views but nothing regarding the USCIS.

Thanks

Nik

Re: EB2 or EB3
 

Re: EB2 or EB3
 

I personally think you'll struggle with only the BEng. Someone will be along in a moment with the exact requirements but......
The EB2 category has specific requirements for "specialist" knowledge and advanced educational requirements for the "role" in the application.

I know my husbands company lawyer doesn't feel that his BSc Chem or 16 years experience in his specialist analytical field enough for an EB2...and his role doesn't require a higher degree ..so we're stuck on EB3.

Re: EB2 or EB3
 

Do note that not only must the degree and experience meet the definition of "advanced degree" but the minimum requirement for the position must be an advanced degree.

Re: EB2 or EB3
 

The position requires an advanced degree. The posts I've seen elsewhere seem to show WES in a bad light. My interest is in how the USCIS view it. I have heard that some attorneys can make it look equivalent enough to a masters but I haven't spoken to any attorneys yet.

Re: EB2 or EB3
 

I have similar qualifications to your husbands ( chemistry degree + about 18 years specialist knowledge) and I got my green card via EB2. Our lawyer didn't think we would either but decided to go for it as the wait was so much shorter.

Re: EB2 or EB3
 

I don't know how recently you applied via EB2 but what sort of lead time did you experience?

Re: EB2 or EB3
 

It was approved earlier this year. I think the whole process was about 18 months, at least half of that was to do with the labour certification ( PERM). Job had to be advertised for a while ,wait for responces and then submit for evaluation. The evaluation alone took about 10 months ...it used to be quicker. After that the I140 took about a month and I485 was completed within a few months ( medicals took time ) . I think it can be completed more quickly than this but my lawyer was a bit laid back.

Re: EB2 or EB3
 

Was that from outside the US or already here?

Re: EB2 or EB3
 

Already here on H1B...If i remember correctly, after knowing my H1B was approved in April 2009, they started the process of advertising etc before I arrived in Oct 09.If you had been an L1A you wouldn't need the labour certification because you could have gone for an EB1. If your permanant job could be described as executive or management you might be able to use this way.

Re: EB2 or EB3
 

It sounds like you'll need to ascertain then if your company are willing to go through the Labour cert and I140 process for an EB2 and the financial implications that may araise if it's gets denied.
I'm not sure how many years experience you have, but
IF they (the company lawyers) can justify your education and experience.
IF the company can accept the financial loss (by this I mean the application fees, lawyer costs, advertising etc)
IF you can then determine how to stay when the 5 year limit is up (usually H1B for the extra year) whilst waiting for your EB3 application is processed
then....you may be able to pursude them to give it a go......

However we were told that the L1B's going for an EB2 were scrutinised a little more (as the wait for EB3 is so long) but as Prof_Yaffel is testamony too - it's possible.

Good luck :fingerscrossed:, and keep us up updated