Am I eligible for EB2 category Green Card.....Official Masters Degree not awarded

Bankruptcy and Debt 3 views 3 answers
Here is my situation... * Currently on H1. Have 3.5 yrs experience (1.3 yrs in USA); Working with company A, got job offer from company B. Both are US based large multinational company. * Completed all degree requirements for Master's degree and obtained a letter from university saying that official degree will be awarded 2 months later. 1. If I apply for H1 transfer and green card application before official graduation; am I illegible for EB2? 2. Is there will be any problem for applying green card now; or i should wait 2 months? Thanks in advance for any help.

Attorney Answers

3
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
I'll assume you are talking about applying for EB-2 employment based green card, whose first step is filing for a "labor certification" application ("LC") with DOL. The law and regulations state that the beneficiary must possess either the degree or work experience requirement PRIOR to the application being filed which will benefit him (the LC.) An LC, however, cannot be filed "just like that" immediately: the employer needs to first engage in the "recruitment" process to "test" the U.S. job market in the area of intended employment, and for professional job openings such as this which require a master's degree, engage in multiple recruitment "steps" (e.g. 2 Sunday ads in a newspaper of general circulation in the city of the job offer, a job posting with DOL, a Notice of Posting, etc. + additional recruitment steps for "Professional" positions such as this, which require applicants to possess at least a Master's degree. Thus, it will be at least 3-4 months before the employer will be able to "complete" all these "recruitment" steps, write up the recruitment report, etc., before actually filing the PERM LC application. You are OK. Let recruitment begin NOW. By the time it is completed 3-4 months from now, you will certainly have already received your actual diploma, which will carry a date of issuance which PREDATES the filing of the LC. Best wishes, Giacomo
0 upvotes
Chong Ye ·
I agree with Mr. Behar.
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