Law Office of GARY J. KIM

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이민 사례와 비자 취득에 관한 실전 정보를 제공합니다.

 
 

[취업이민] 취업이민 2 순위 - 석사 소유자-학사 학위자로 5년 이상의 경력자 (English)

 

For foreign nationals with extensive educational and professional achievements, EB-2(1) Advanced Degree Professionals or a bachelor’s degree plus five (5) years of experience in the professional field) may be the way to obtain their green card.

EB-2(1) does require labor certification. However, with the introduction of PERM labor certification, a labor certification application is usually certified within 6-9 months.

Even under EB-2(1), there are numerous types of cases and examples. Here are the types of cases that are most common.

TYPES OF EB-2(1) CASES

1. Job Zone 5 Position and Foreign National has Master’s Degree or Higher

The U.S. Department of Labor has classified job positions into five (5) different zones. http://online.onetcenter.org/help/online/zones

Job Zone 5 positions are occupations that require “extensive preparation.” This is the highest Job Zone in the classification. Aeronautical Engineer, Lawyer, Dentist are some of the positions that fall under this Job Zone. Because these are the positions that are included in the highest Job Zone, the USCIS will not question whether the position qualifies for EB-2(1). Therefore, as long as the foreign national has the required education (master’s degree, DDS degree, judicial doctorate, etc.), the cases under this category tend to be pretty straight forward.

2. Job Zone 5 Position and Foreign National only has a Bachelor’s Degree

In cases where the occupation is in the Job Zone 5 but the foreign national only has a bachelor’s degree, then the foreign national has to show that s/he has more than five (5) years of progressive experience in the occupation. The required experience must have been obtained after obtaining the bachelor’s degree.

For example, for the occupation of Aeronautical Engineer, if the foreign national holds a BS degree in Aeronautical Engineering and has over five (5) years of progressive experience as Aeronautical Engineer (obtained after receiving the BS degree), s/he should qualify for EB-2(1).

3. Job Zone 4 Position and Foreign National has Master’s Degree

Job Zone 4 positions are occupations that require “considerable preparation.” Job Zone 4 occupations are usually reserved for EB-3(1) Professionals petitions. Accountant, Graphic Designer, Financial Analyst are some of the positions that fall under Job Zone 4.

Because Job Zone 4 is an occupational category that only requires “considerable preparation,” the USCIS may question whether the occupation qualifies for EB-2(1) classification.

Therefore, in order to succeed on EB-2(1) petition with Job Zone 4 position, the job duties and position title must reflect complexity, sophistication, and extensive preparation.

For example, for the position of Accountant, one may want to use the title of “Senior Accountant” or “Principal Accountant” to reflect more complexity, seniority involved with the position. As far as the job duties, one may want to stress supervisory duties and duties that involve more complication and experience.

4. Job Zone 4 Position and Foreign National has a Bachelor’s Degree

In case where the foreign national has only a bachelor’s degree for Job Zone 4 positions, again, we need to show five (5) years of progressive experience gained after obtaining the bachelor’s degree. We again should reflect complexity and seniority in the position title and job duties.

MISCELLANEOUS ISSUES

Prevailing Wage

Some clients are concerned about pursuing EB-2(1) because of the prospect of high prevailing wage.

http://www.flcdatacenter.com/OesWizardStart.aspx provides guidance as to what the potential wage may be. Please visit the link above to check the potential prevailing wage.

Degree not Related to the Occupation

A potential problem may arise if the foreign national obtained the degree in an area not related to the EB-2(1) position. For example, if the foreign national holds a degree in Political Science for the position of Senior Accountant, the USCIS may question validity of such EB-2 petition. However, with careful analysis and planning, one may succeed on EB-2(1) petition without having attained a degree related to the occupation.

Experience Gained with the EB-2(1) Sponsor

In general, you cannot count the experience gained with the EB-2(1) sponsor as required experience. However, the experience gained with the EB-2(1) sponsor may be counted if the EB-2(1) job is a different from the experience gained with the EB-2(1) sponsor. Therefore, where the petition calls for BA plus five (5) years of experience and the foreign national gained five (5) years of experience with the EB-2(1) sponsor, as long as the current job with the EB-2(1) sponsor is different from the EB-2(1) petition, then such experience can be counted.

EMPLOYER

In order for EB-2(1) petition to succeed, the employer must also qualify. What it means is that the employer must be an organization that needs the services of EB-2(1) employee. For example, while a foreign national with a master’s degree in Computer Science is a great candidate for EB-2(1) classification, if the employer is a small computer repair shop, then the USCIS will most likely question whether such organization has the need for EB-2(1) employee