EB-2 with Master's degree in 5 years (3+2) = I-140 issue

[A. Pacheco]

Hello,

I'm applying for a Green Card under EB-2 as Advanced degree Professionals.

I've got a Master's degree in Computer Science from Europe. It is done in 5 years, you cannot do it in 6 years as in the USA.

I've just received a RFE for my I-140 asking to prove the equivalence of my Master's degree or to prove that I've got a bachelor's degree with 5 years experience.

When filled, I didn't have the 5 years experience. So the only solution is to prove that my Master's degree is equivalent with a US Master.

My lawyer, who took the case after the Labor Certification approval, told me it is already lost and that we need to start from the beginning with a new Labor Certification filled under EB-3. I'm not interested to start from scratch and I am convinced there might be a way to prove that European Master's degree are equivalent to US one.

Has anybody encountered this problem?
How can I prove the equivalence?

Please give me some suggestions. I don't trust my new lawyer.

Thanks a lot for your help.

Best Regards.

[A. Pacheco]

Hello,

I'm applying for a Green Card under EB-2 as Advanced degree Professionals.

I've got a Master's degree in Computer Science from Europe. It is done in 5 years, you cannot do it in 6 years as in the USA.

I've just received a RFE for my I-140 asking to prove the equivalence of my Master's degree or to prove that I've got a bachelor's degree with 5 years experience.

When filled, I didn't have the 5 years experience. So the only solution is to prove that my Master's degree is equivalent with a US Master.

My lawyer, who took the case after the Labor Certification approval, told me it is already lost and that we need to start from the beginning with a new Labor Certification filled under EB-3. I'm not interested to start from scratch and I am convinced there might be a way to prove that European Master's degree are equivalent to US one.

Has anybody encountered this problem?
How can I prove the equivalence?

Please give me some suggestions. I don't trust my new lawyer.

Thanks a lot for your help.

Best Regards.

[ProudUSC]

Hi A,

Welcome. I don't have an answer for you, but just moving this up the list so maybe someone else can help.

[A. Pacheco]

Thank you ProudUSC

[federale86]

Never heard of a 6 year MA. 2 years is the usual here.

[A. Pacheco]

To Federale86,

Actually, I meant Bachelor (4 years) + Master (2 years) = total of 6 years

In my case, it is Bachelor (3 years) + Master (2 years) = total of 5 years
or Bachelor (4 years) + Master (1 year) = total of 5 years
It depends whether you want to apply the Bologna process or not.

Hope that clarifies a little bit.
I modified the subject of this post too.

Anybody here had the same issue?

[Retro-affect]

Hi A. Pacheco,

I also had a 3 year basic degree and had similar issues like you during my I-140 stage. During my time, my attorney requested me to take an educational evaluation from an accredited evaluation agency and submit.

My labor was also not specific about length of study in the requirement that eased up the issue. They also combined my prior experience in this line in lieu of the educational requirement.

You may need to consult with your attorney regarding this and find what exactly is specified in your labor. If it is clearly specified that they are in need of 4 + 2 years of education or some years of experience in lieu of it, then it is better to switch to EB3.

Thanks

[A. Pacheco]

Thanks Retro-Affect for your answer.

Actually, you're right: I don't know exactly what is required in my Labor Compliance (well, I know it was specified Master degree) but I am going to ask my lawyer about it.

Can you tell me which "accredited evaluation agency" you used and whether your I-140 was directly accepted after that?
Right now, I am in contact with TrustForte and DegreePeople but I don't know whether they are accredited or seen as serious enough for the Nebraska Service Center.

(Note: I apologize if it is forbidden to name these agencies. If so, Moderator, please feel free to remove them)

Thanks again for any help

[Retro-affect]

Hi A.Pacheco,

(Sorry for long mail. Read if you have patience and relevance).

I did not remember the name of the agency. I was directed to send the details and pay them based on my attorney's recommendation. It took another six months for them to approve my I-140 after the RFE.

I hope your attorney might be able to send you the copy of labor as well as the requirements of your work. (Please note that if the attorney is employment appointed, he will be working only for the interest of the company rather than your welfare. Some people advice to have a separate attorney in such situations to resolve your particular issues).

I know there are some companies and employee attorney's defensive in their dealing and this is where your personally appointed attorney can come handy as well.

Please get a copy of all relevant documents (if possible, as some attorney's won't provide them and argue they belong to employer and not employee and will not provide them) and consult with an attorney on your own to see the options. Please reply back if you need any further information from my end.

Thanks

[RalphMcFarland]

One of the options is to learn how work experience can help you satisfy EB-2 advanced degree requirements. Look into PrideImmigration workshops and samples. Some students write my essay tasks and have I-140 application samples, I can ask them to share those in the Employment-Based Immigration: Second Preference EB-2 section.