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Immigration Issues/AC21 Job Offer Letter

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Question
Dear Sir,

My 485 was applied in January 2012 and I changed job in November 2012.  I now got an RFE for a job offer letter.  The RFE states it should include description, salary and Educational Requirements for the position.

I have a 3 Year Bachelor + 3 Year Masters from India.  My PERM listed the Educational Requirement as Masters + 2 years experience.

The current employer is not willing to write Masters + 2 years.  They say , per their Attorney's advice Bachelors + 7 years experience is fine.

I am concern since I do not have a 4 year Bachelors.

Do you advice proceeding with the current letter OR finding a job which requires Masters + 2 years experience and use that letter ?
Thank you much for your service

Answer
Hi,

For green card purposes, a 3 year bachelor's degree is not equivalent to a four-year U.S. degree in most cases. Perhaps the employer can compromise and state in the letter that either a master's plus 2 years experience, or a bachelor's degree plus 7 years experience, are acceptable for the job.

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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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