Immigration Issues/EB2 Query

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Question
Dear Ajay
Hope you had a great vacation.

I applied for 140/485 in last July.I have a 4 yr bachelors and about 7 yrs experience in the field after my Bachelors

MY 140 was applied as EB2.Recently i received a RFE and one of the points was asking for academic records to prove my advanced degree although my labour stated only bachelors and 5 yrs experience and did not mention anything wrt requirement of masters.

My attorney mentoned that we can argue that bachelors and 5 yrs experience is equivalent to Advanced degree.

Pls be kind enough in letting me know of any other points which would be worth while in responding to this RFE.



Thanks in advance.

Answer
Dear Bestin,

EB-2 eligibility can be based on either a U.S. master's degree or equivalent, or a U.S. bachelor's degree (or equivalent) and 5 years of employment experience.

Hopefully you qualified for EB-2 based on experience gained after completion of your bachelor's degree, and I am assuming that a credentials evaluation was submitted along with I-140 equating your foreign degree to the U.S. equivalent, along with employment experience letter(s) covering at least 5 years of experience with employers other than your current employer. Both your degree and at least 5 years of experience should have been completed prior to filing of the application for alien employment certification (also known as PERM) so that you met the minimum qualification for the position at the time that the PERM application was filed with the Department of Labor.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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