Immigration is the only place in law where quotas are still permissible, and everybody knows that especially for India and China the quotas for employment based visas disappear very quickly. These are huge countries with many professional people and their quotas get used up resulting in lengthy wait times, especially for third preference visas. Therefore everyone wants to get into the Second Preference.
There are some caveats though:
1. The experience has to be AFTER you get the degree and BEFORE you join the Petitioning Company. The experience in the same job at the petitioning company does not work because the rationale is that if the employer can train the beneficiary, they can train an American graduate as well.
2. To get to the second preference with a Master's Degree, if that degree is not from the US, there is always a problem. If the underlying Bachelors Degree and Master's Degree does not match, then it is not usually counted as a Bachelors Degree.
3. Evaluations are advisory only, and USCIS does not have to follow them. Similarly, work experience cannot be used to substitute years of Degree as you can in H-1B.
4. H-1B standard is much less stricter in terms of Degree equivalency than I-140.
Below are some recommendation by Nebraska Service Center for Degree equivalency:
1. US master’s degree – as long as it is in the field required no additional documents would be 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 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 this would 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 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.
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 US. 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 education that is a continuation of the 3 yr bachelor’s degree or the 2 yr master’s degree it is possible that this would be considered the equivalent to a US Master’s degree and there would be no need to establish 5 yrs progressive experience.
For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee
Showing posts with label education. Show all posts
Showing posts with label education. Show all posts
Friday, April 9, 2010
Thursday, March 18, 2010
Why we need H-1B workers
The USCIS charges a hefty ACWIA fee for each H-1B petition filed. The fee is either $1500 (for employers having more than 25 employees) or $750 (if the employer has less than 25 employees).
The rationale behind these fees is that the Government will use this money to teach American workers to do the job. But of course this money goes into that deep dark hole called the Government.
But America could easily train its students to perform at a much higher rate by spending NO money.
1. Create an atmosphere where education is held to a higher respect than sports or cheer leading. The only March madness that all other countries worry about are those big fat college acceptance letters showing up on students' mailboxes.
2. Make College acceptances more fair. The "Holistic" approach that Colleges apply to "Judge" students is arbitrary and fraudulent. I am not saying that students should be bookworms or nerds and not do extracurricular. But the main determinant for getting into colleges should be grades and SATs. There is no way to judge if a piano player is better than a violin player, or a person with XYZ community service is better than one with ABC community service. Students routinely build their resumes with fluff to satisfy the colleges, a time better spent in studying and doing something they enjoy to develop themselves, rather than conforming to a set of rules dictated by colleges. In India, Engineering and Medical School acceptances are blind, based on only scores of a very hard standardized exam. It is true that it is much harder to get into IIT than to Harvard. And if these students want to come over to the US because of higher pay, why blame them? The US ultimately profits.
3. Do away with Legacy acceptances. That is nothing short of white, privileged people (like former pres George W Bush) preserving the college acceptances for their worthless kids. Many parents of today's college age kids entered college before there was the SATs. College acceptances in those days was based on color and lineage. These people then want their kids to enter their alma mater. The legacy kids are generally academically inferior and walk around with a sense of entitlement. Yet better students do not get in. In fact Princeton was sued by an Asian male recently for discrimination. Likewise affirmative action should be means dependent rather than color dependent. The economically poor do not get the same opportunity as the richer kids in terms of college preparedness and should be given an advantage to level the plain field.
Of course there is no legal way to make private colleges fair other than to cut out their Governmental research funding and thereby diminishing their US News And World Report rank. If America cannot give the very best education to deserving students and create professional workers, we have to import them from countries like India. And how does India, a poor country produce so many professionals?
For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee
The rationale behind these fees is that the Government will use this money to teach American workers to do the job. But of course this money goes into that deep dark hole called the Government.
But America could easily train its students to perform at a much higher rate by spending NO money.
1. Create an atmosphere where education is held to a higher respect than sports or cheer leading. The only March madness that all other countries worry about are those big fat college acceptance letters showing up on students' mailboxes.
2. Make College acceptances more fair. The "Holistic" approach that Colleges apply to "Judge" students is arbitrary and fraudulent. I am not saying that students should be bookworms or nerds and not do extracurricular. But the main determinant for getting into colleges should be grades and SATs. There is no way to judge if a piano player is better than a violin player, or a person with XYZ community service is better than one with ABC community service. Students routinely build their resumes with fluff to satisfy the colleges, a time better spent in studying and doing something they enjoy to develop themselves, rather than conforming to a set of rules dictated by colleges. In India, Engineering and Medical School acceptances are blind, based on only scores of a very hard standardized exam. It is true that it is much harder to get into IIT than to Harvard. And if these students want to come over to the US because of higher pay, why blame them? The US ultimately profits.
3. Do away with Legacy acceptances. That is nothing short of white, privileged people (like former pres George W Bush) preserving the college acceptances for their worthless kids. Many parents of today's college age kids entered college before there was the SATs. College acceptances in those days was based on color and lineage. These people then want their kids to enter their alma mater. The legacy kids are generally academically inferior and walk around with a sense of entitlement. Yet better students do not get in. In fact Princeton was sued by an Asian male recently for discrimination. Likewise affirmative action should be means dependent rather than color dependent. The economically poor do not get the same opportunity as the richer kids in terms of college preparedness and should be given an advantage to level the plain field.
Of course there is no legal way to make private colleges fair other than to cut out their Governmental research funding and thereby diminishing their US News And World Report rank. If America cannot give the very best education to deserving students and create professional workers, we have to import them from countries like India. And how does India, a poor country produce so many professionals?
For more information contact Houston Immigration Lawyer or Houston Immigration Attorney, Annie Banerjee
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