A Substitute for Educational Degree
Requirement is not Acceptable in EB-2 I-140 Application

Dr. William:

My employer applied Labor Certification for me in the EB-2 category, with the education requirement of Master degree. 

But actually, I have only one year program certificate from my home country after my Bachelor degree, which may be verified as an equivalent of U.S. Master degree. Do you think it may be a problem for my I-140 approval?


Answer:

In EB-2, it does not matter whether the equivalent was qualified or unqualified in the Labor Certification application. Unless the alien beneficiary has an educational degree that meets the educational requirement, the alien is not eligible for the EB-2, even if he or she has experience in many years. In other words, equivalent is not acceptable in the context other than a foreign equivalent degree.

Also, the misunderstanding of the terms led to denial of EB-2 petitions for an additional ground: no matter how the "equivalent" is taken, the combination of education, training, or experience is absolutely not acceptable as a substitute for educational degree requirement in EB-2 I-140 application. 

 

 

 

 

     

 

 

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