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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Immigration Law
Satisfied Customers: 17190
Experience:  B.A.; M.B.A.; J.D.
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Question regarding I-140. My employer is going to file I-140

Customer Question

Question regarding I-140. My employer is going to file I-140 in EB-2 category for me. PERM was certified. I worry about job requirements. The job requires Masters degree and 3 years of experience. I have Masters and more than 3 years of experience, but only 1.5 years of this experience was after I got Masters degree (I got Masters in 2011, and started working for this employer in 2013).
Full job requirements, as stated in PERM application:"Employer will accept Master’s degree in Computer Engineering or related technical field and 3
years of work experience in job offered or 3 years of work experience in a software
engineering-related occupation. Education or experience must include:
1. At least 3 years of experience coding on a variety of software applications requiring new
architecture and design;
2. Designing and implementing performance testing frameworks and processes;
3. C#, Active Server Pages, and .NET 3.5; and
4. JavaScript, XSL, mobile, REST and SOAP API."Should I worry about the fact that I have less than 3 years of experience after I got Masters degree?
Submitted: 3 months ago.
Category: Immigration Law
Expert:  Phillips Esq. replied 3 months ago.

Unfortunately, yes, you should because you do not appear to meet the three-year experience requirement.

I am sorry that I do not have better news for you.

Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this.

Thank you for your cooperation.

Customer: replied 3 months ago.
But I have more than 3 years of experience. Just not all of it is after I got Master's degree. The job requirements doesn't specify that work experience should be after Master's degree.
Customer: replied 3 months ago.
Please look at this USCIS doc where they clarify work experience requirements:
They provide an example of a position which requires Master's and 3 years of experience. There is an explanation there: "The answer will depend on what the ETA-750 actually says. Note that the sample ETA-750s do not require that the three years' experience must follow the receipt of a Master's degree -- only that the applicant must have both the degree and the experience. The ETA-750, therefore, does not preclude someone who just received a Master's degree from qualifying for the position on the basis of pre-Master's exper ience."Can you comment on this?
Expert:  Phillips Esq. replied 3 months ago.

I do not have anything else to add. So, I will opt out and give another Attorney the opportunity to further assist you.

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