Lottery-picked employment-based visas go like hotcakes and
professional people striving to come to America can easily be left out.
But then there’s the Second Preference, albeit with some caveats.
Ever heard of the I-140 Educational and Work experience equivalency?
Immigration is the only niche within the legal arena where quotas are
still allowed. It is common knowledge that employment-based visas, such
as the coveted H-1B, aren’t easily obtained by professionals wishing to
immigrate to the United States from India and China. These are populous
nations teeming with qualified professional people, and their national
quotas get filled quickly resulting in lengthy wait times, especially
for third preference visas. So it is only natural that everybody is
striving for the Second Preference. Fine and dandy, but there are some
caveats.
For instance, your experience must be post-degree and a pre-Petitioning
Company. You say that you have experience in the same job at the
petitioning company? This isn’t enough because if the employer is able
to train the beneficiary, he’d prefer training an American – not you.
Oh, you have a Master’s Degree? If it’s not from the U.S., the
problem of congruence can arise – as your Masters isn’t likely to match
your Bachelors as a credential.
Did you know that evaluations are for advisory purposes only, and
that the USCIS does not have to follow them? In the same vein, work
experience can’t be substituted for years in a degree program – as the
H-1B allows.
Recommendations by the Nebraska Service Center for Degree equivalency
could also be pertinent.
If you do possess a U.S. master’s degree – if it’s in the field
required, no additional documents would be required.
Your 4 year bachelor’s degree + 2 year master’s degree obtained in
India with need to be “subbed” by degrees in the same or related fields
to equal a U.S. master’s degree.
If you possess a 3 year bachelor’s degree + 1 year postgraduate
diploma + 2 year master’s degree obtained in India, to become
acceptable for educational preference you’ll require degrees in the same
or similar field or a bachelor’s degree + one additional year of
education, to measure up. If you have 5 years of progressive experience,
this combination could be acceptable as a master’s degree equivalency.
Before selecting an immigration lawyer in Houston Texas,
contact the Law Offices of Annie Banerjee by visiting their information
filled web site at Visatous.com.
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