Question: I applied for labor certification through my employer, which was approved with three years Bachelors and two years Masters, but my 140 was denied with “no master degree” reason. Is it possible to apply for another 140 under EB3? Can I refile under EB2?
Answer: The CIS will not hold a three-year BS followed by a two-year Masters degree to be the equivalent of a U.S. Masters degree. The reason is that for a U.S. Masters, a person must complete six years of education after completion of High School. However, you may still qualify for an EB2 petition if you have five years of experience. If you do not, you will still qualify to file under EB3.
Also, our law firm has successfully argued cases where we found a reputed and accredited U.S. university that offered an MS program in that same field, which was a one-year program. In that case, we also added other factors such as the exceptional ranking of the foreign school that had granted the Masters, and the fact that the school also had exchange programs with reputable U.S. universities who accepted the foreign MS as being equivalent to their Masters.