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  • HELP I140 Denied

    I have a Bachelor's degree (Chem / zoology)
    I have done a one year Post graduate diploma in Computer Software and Management. I have been working in the IT industry for the last 18 years ( 8 years in USA on H1B) in technical capacity of Software programmer with 8 years middle management experience.



    My company has done a evaluation which confirms that my education is equivalent to a Computer Science degree.

    The denial I received states the following
    " The evaluation and transcripts submitted establish that the beneficiary's major fields of study were in Chemistry and Zoology , not the required Computer Science or related . The service has long held experience cannot be used as a substitute for educational field of study. As the petitioner has not demonstrated that the beneficiary met the mimimum requirements at the time the request for certification was filed , the beneficiary cannot be found to be qualified"

    My queries:

    1. My company intends to appeal what could be possible gorunds for appeal?

    2. Does USCIS prefer evalautions done from specific evaluators?

    3. What is the sucess rate for appeals (I realise this would depend upon case to case)

    4. I have a MSCE and Brain Bench certifications . Does USCIS give it any weightage?

    Any sugestions / ideas are welcome.

  • #2
    In which category, EB2 or EB3

    Just curious to know in which category did you apply, EB2 or EB3.
    For EB3. here are the guidelines.

    Check the NSC EB3 classification guidelines at
    http://www.immihelp.com/greencard/em...l-workers.html


    It says NSC will accept 3 or 4 yr degrees. Show it to your HR and lawyer. You might be ok.

    Extract

    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:

    * (1) Will accept a combination of degrees or diplomas;
    (2). Will accept 3 or 4 yr degrees;
    (3). Will accept education evaluation prepared by a qualified credential
    evaluation service;
    (4) Will accept educational equivalency evaluation prepared by qualified
    evaluation service or in accordance with 8 CFR ยง 214.2(h)(4)(iii)(D);
    (5) Will accept a bachelor’s equivalent based on a combination of
    education as determined by a professional evaluation service;
    (6) One year of experience in the job offered will substitute for one year of
    education toward a bachelor’s degree;
    (7) Will accept single degree or any combination of degrees, diplomas or
    professional credentials determined to be equivalent by a qualified
    evaluation service.
    * Since there is no difference between the Professional EB-3 and the Skilled Worker EB-3 for the purpose of the immigrant visa numbers in the Visa Bulletin, sometimes it can be very important that the labor certification is drafted such a way that if the alien cannot meet the Professional EB-3, the alien has a backup of Skilled Worker EB-3 so that EB-3 I-140 petition is not denied.
    * [Matthew Oh Note: Again, the NSC has loosen up somewhat on this issue, accomodating a part of Grace Korean Methodist Church decision on this Skilled Worker issue, which the NSC one time applied very narrow reading of the langugae in the labor certfication application and denied I-140 petition unless the skilled worker option was met and requested by the petition. We want to reiterate our "thanks" to the NSC leaders for taking a reasonable interpretation of the regulations.]

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