Do I qualify for EB-2?

Qualifying under the EB2 category instead of the EB3 category can make receiving a green card much faster. For most people the difference is several years. Even if you already have an EB3 case approved, it may be advantageous for you to explore a new filing in the EB2 category. In most cases, you get to retain your priority date from your EB3 filing when you file a new EB2 case.

You may qualify for EB2 if:

1. You have a Masters degree (an equivalency is acceptable if the equivalency is based upon education and not experience); or
2. You have a Bachelor’s degree plus 5 years of progressive experience.

Your job may qualify for an EB2 filing if:

1. The job requires a Masters degree as a minimum requirement; or
2. The job requires a Bachelor’s degree plus 5 years of progressive experience as a minimum requirement.

There are several issues that could prevent you form proceeding with an EB2 filing or receiving an EB2 approval even if you meet the basic criteria outlined above. These include but, are not limited to:

1. Your employer is unwilling or unable to pay the prevailing wage required for an EB2 level position.
2. Your Bachelor’s degree is a 3 year degree.
3. Your Bachelor’s degree was equivalent to a US Masters degree only by combining 2 or more degree programs or combining experience with your formal education. However if one of your degrees on its own is found to be the equivalent of a US Masters degree of higher then you may still qualify.