How to Apply for EB2 PERM Labor Certification with a Master's Degree, PERM, Apply for PERM, EB2 PERM Labor Certification, Master Degree, EB2 PERM Labor Certification, PERM Labor Certification, Labor Certification

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How to Apply for EB2 PERM Labor Certification with a Master's Degree?

Hi William,

I have a master degree and 2 years of experience. Can I apply for EB2, even the job only needs "a bachelor degree plus 5 years of progressive experience"?

Answer,

To qualify for an EB2 PERM labor certification with a Master's degree, the applicant must hold a Master's degree or equivalent, and the job offered must require that level of education. The employer must also be able to demonstrate that they've been unable to find a qualified U.S. worker for the position.

The USCIS uses the qualification requirements in the PERM labor certification application to determine whether the alien beneficiary is qualified for the job. It is true that both the requirement of a master degree and the requirement of a bachelor degree plus 5 years of progressive experience are separately qualified for the EB2. But it does not mean that one qualification can substitute the other alternative qualification requirement.

The PERM labor certification for EB2 includes master degree requirement, or bachelor degree plus 5 years of progressive experience requirement. In your case, you only have a master degree and 2 years of work experience, you can apply for labor certification with your master degree if the job position requires the master degree. But you cannot apply for the labor certification with a job that only requires a bachelor degree plus 5 years of progressive experience.

The following are more detailed considerations:

1) Education: The applicant must hold a U.S. Master's degree or foreign equivalent.

2) Job Offer: The job offer must be from a U.S. employer and require a Master's degree.

3) Employer's Burden: The employer must demonstrate that they have followed a specific PERM process to try and find a qualified U.S. worker, including advertising the job and interviewing potential candidates.

4) PERM Process: The employer will file a PERM application (Form ETA 9089) with the Department of Labor, which then reviews the application and either certifies or denies it.

5) National Interest Waiver (NIW): In some cases, an NIW can be used to bypass the PERM requirements if the applicant's work is considered to be in the U.S. national interest, but this requires a strong showing of both the applicant's qualifications and the national importance of their work.