Most EB-2 applications for professionals with advanced degrees are typically filed for individuals holding a Master’s degree or higher. The process is straightforward: if the job requires an advanced degree and the applicant has it, proof of the degree suffices. However, it's not essential to possess a Master’s degree to qualify; a Bachelor’s degree plus five years of progressive post-graduation experience in the related field can also meet the EB-2 requirements.
Using a Bachelor’s degree with five years of progressive experience is beneficial for applicants without a Master’s degree, but it does present some challenges, particularly regarding the definition of progressive experience. This term is not defined in regulations, which can cause uncertainty but also allows some flexibility in proving eligibility. To document progressive experience, applicants should submit employment letters and affidavits detailing progressively responsible roles and increasing complexity in tasks.
For eligibility, the five years of required experience must be equivalent to full-time work, generally defined as at least 35 hours per week by USCIS. Part-time experience can also count, with 20 hours a week for 10 years considered equivalent to five full-time years.
Experience must be accrued post-graduation; any experience before obtaining a Bachelor’s degree does not qualify. Also, all experience and education criteria must be met before the initial immigrant petition filing—either PERM or I-140, depending on the petition type.
For instance, if the individual works for five years as a software engineer, three years before graduating and two years after graduating. In this case only two post-graduation years count if he files for EB-2, leading to potential denial of his I-140 since not all experience meets the post-graduation requirement. Thus, meeting all prerequisites by the filing date is crucial.
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