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EB3 India Folks Wake Up – Port To EB2/EB1 Soon If You Are Eligible

EB3 India Folks Wake Up – Port To EB2/EB1 Soon If You Are Eligible

Nothing can be done in current environment for EB3I to get a Green card faster , If you have waited a decade you will wait another decade if no Congress bill passes to fix the immigration backlogs. The departments visa modernization and rulemaking fixes can only get you an EAD faster but you will never get  Green card Sooner as EB3 is not eligible for  Spillover benefit until EB2I becomes current as per current law. Hence only 2800 Green card will be given per year for EB3I

Current average time for GC  for EB2 from Priority date is 6 years.

The average spillover every year for EB2 is around 7-15 thousand.

 

Eligibility Criteria for EB2 Category:

 

U.S. master’s degree – as long as it is in the field required no additional documents would be required

 

4 yr bachelor’s degree + 5 Years of Progressive Experience

 

4 yr bachelor’s degree + 2 yr master’s degree ( India ) – with degrees in the same or related fields this will generally be considered the equivalent to a U.S. master’s degree with no additional documents required

 

3 yr bachelor’s degree + 3 yr master’s degree ( India ) – with degrees in the same or related fields this will generally be equivalent to a U.S. master’s degree with no additional documents required

 

3 yr bachelor’s degree + 3 yr master’s degree ( India ) – with degrees in the same or related fields this will generally be equivalent to a U.S. master’s degree with no additional documents required

 

3 yr bachelor’s degree + 2 yr master’s degree (India) – Generally this would be the equivalent of a bachelor’s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category: However, foreign credential evaluation using the following additional evidence could make it to EB-2, Master’s degree equivalent

 

Examples of comparable U.S. master’s degree programs requiring only one year to complete (indicating that a total of 5 years of undergraduate and graduate level education is sufficient); or

 

Credential evaluations that provide a detailed comparison of credit hours completed by the beneficiary for the 3 year bachelor’s degree program with credit hours required by comparable U.S. bachelor’s degree programs.

 

3 yr bachelor’s degree + 2 yr master’s degree ( India ) + 5 yrs progressive, post-master’s degree experience – Generally the educational degrees would be determined to be the equivalent of a U.S. bachelor’s + 1 year and the beneficiary would meet the statutory requirement

 

3 yr bachelor’s degree + 2 yr master’s degree + 1 yr postgraduate diploma (India) – Generally this would be the equivalent of a bachelor’s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor’s degree or the 2yr master’s degree it is possible that this would be considered the equivalent to a U.S. Master’s degree and there would be no need to establish 5 yrs progressive experience

 

If a master’s degree is required and the beneficiary does not have a U.S. master’s degree in the specified field of study the petitioner should be prepared to submit sufficient documentation to establish that the education that the beneficiary possesses is the equivalent to a U.S. master’s degree in the required field.

 

 

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