EB-2 vs EB-3, 3 Year Degree

06/01/2007: NSC’s General Guidelines for EB-2 Educational Requirements and EB-3 Education Requirements

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

(2) 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) 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

(4) 3 yr bachelor’s degree + 1 yr postgraduate diploma + 2 yr master’s degree (India) with degrees in the same or similar field : generally be considered the equivalent of a bachelor’s degree plus one additional year of education so the beneficiary would also need to have 5 yrs progressive experience. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor’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.

(5) 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.

(6) 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

(7) 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

(8) 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.

Education Requirement in Labor Certification Not Restricted to U.S. Bachelor or Foreign Equivalent Degree: Following will be acceptable for “Skilled Worker” catogory of EB-3:

06/01/2007: NSC’s General Guidelines for EB-2 Educational Requirements and EB-3 Education Requirements

According to the AILA-NSC Liaison minutes of 04/12/2007, the following standards generally applies in determining EB-2 requirement:

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

(2) 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) 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

(4) 3 yr bachelor’s degree + 1 yr postgraduate diploma + 2 yr master’s degree (India) with degrees in the same or similar field : generally be considered the equivalent of a bachelor’s degree plus one additional year of education so the beneficiary would also need to have 5 yrs progressive experience. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor’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.

(5) 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.

(6) 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

(7) 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

(8) 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.

Related Links:
PERM Overview
EB-2 vs EB-3
PERM FAQ
PERM / I-140 Ability Pay Requirement
PERM and Prevailing Wage Processing Times
PERM and I-140 Complete Do it Yourself Kit
PERM Attorney

Client Reviews

  • Excellent service provided by the Team and every step of the way was very accurate and guidance was brilliant , we use USAVISANOW for our Companies Immigration needs , will recommend to every one.
    ★★★★★
  • After searching for an attorney/firm to prepare my NIW case I came across Marc’s website (usavisanow.com). I was immediately struck by how responsive they were, often answering my detailed questions within an hour. It took about 4 weeks from start the process to filing with USCIS – mostly because of the time it took me to obtain the reference / recommendation letters…
    ★★★★★
  • The Green Card process, or any immigration petition for that matter, can be a very daunting, stressful and confusing process for applicants. Thanks to Marc and his team, my experience (for both my Green Card application from start to finish, and H1B transfer from my former to my current employer) was none of those things.
    ★★★★★
  • I worked with Taylor and Associates Law P.C. on two separate cases — an H1B work visa and a marriage green card — and was very pleased with the high-level of service they provided. The visa process is very overwhelming, but my case manager, Mr. Dorer, made both processes easy and efficient because he is informative and is always quick to respond to my questions in a timely manner.
    ★★★★★
  • Marc Taylor and his team have been excellent in preparing and following-up on our case in a timely manner. The team has been prompt in filing all the paper work for the Green card for my husband. They answered every question I had (and I had a lot of questions!) quickly and clearly. I have already recommended their services to my friend who is getting married next month. Thank you for making this process seem easy!
    ★★★★★
  • We decided to go with Marc for our K-1 visa, for my fiance and son. Marc and his incredible team was an invaluable resource for us in uniting our family. I want to additionally extend my warmest regards and thanks to John for his patience and unwavering support! Thank you all so very much!
    ★★★★★
  • Have been using Marc Taylor’s services, usavisanow.com for a few years. Mr. Taylor provided assistance and guided us through many steps: from the initial H1B visa application all the way to the employment based Green Card. Very professional and quick to respond to our inquiries. The website is easy to use. Very convenient to send documents and track the progress of your application. Office employees are also very helpful and responsive.
    ★★★★★
  • My marriage based permanent residence case was prepared professionally and filed quickly. They responded to my emails in a very detailed and timely manner. The whole process was done online. They kept me updated about my case status during the whole process. Thank you Marc and your team for helping me through this process and not charging me thousands of dollars like some other lawyers.
    ★★★★★

Read More Client Reviews