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