8/11/2019 Plight of IT Professionals in USA
1/1
Problems faced by Indian IT professionals who studied 3 year
degree and 2 year master degree in
India
Indian govt should take up the most imp problem faced by
thousands of qualified IT/Software
professionals in USA when applying for green card or permanent
residency under EB-2 category from
past 2 or 3 decades because of the strained interpretation of
EB-2 provision, Section 203(b)(2) of the
immigration and Nationality Act, which deals with the " Foreign
equivalency of Bachelor's
Degree/Advanced degree with at least five years of progressive
experience in the specialty" by " US
Department of Labor(DOL) & United States Citizenship &
Immigration Services(USCIS)---------
Indians who studied 3 year full time bachelors degree in
Computer Applications/IT & related fields like
BCA etc with 2 year full time Masters degree in Information
technology/CS & related fields like M.Sc(IT)
etc from Indian Universities are facing difficulties when
applying for green card under EB2
category(Foreign equivalent of bachelors Degree/Advanced Degree
followed by at least 5 years of
progressive experience in the specialty) especially after filing
I-140 or I-145 petition, where most of the
time majority of the petitions (I-140 or I-145) are rejected,
even after having 5 years full time university
education in Computer Applications/IT as well as more than 5
years post masters relevant progressive
experience in the field 0f Computer Applications/IT.
DOL & USCIS should take a liberal view at least when a
IT/Software professional has both full time
degrees i.e 3 year bachelors degree with/and 2 year master
degree are in to Computer Applications/IT
and USCIS should allow/consider combination of 3 year bachelors
and 2 year masters degree[Eg BCA
etc with M.Sc(IT) etc ] instead of insisting for single source 4
year degree which is happening now for
EB2. Unlike USA, In India most of the full time bachelors
degrees in computer Applications & related
fields are of 3 year duration( Eg BCA etc etc) and full time
master degrees in Information Technology/CS[
Eg M.Sc(IT) etc ] are of 2 years duration. So pursuing/studying
a 4 year single source degree in Computer
Applications/IT is impossible for many Indians as it is not
offered by most of the Indian universities as
India follows British system of Education.
DOL& USCIS should interpret the EB-2 provision , section
203(b)(2) more broadly and sensibly and
should not cling on to its narrow interpretation, which has
caused needless hardship to thousands of IT
professionals having 3 year bachelors degree and 2 years master
degree in Computer Applications/IT.
USICS & DOL must step in and clarify the foreign degree
equivalency requirement under Eb2. Indeed the
foreign degree equivalency requirement to establish eligibility
for an H1b visa is so much more sensible
as it allows foreign national to combine education to
demonstrate the equivalency of US 4 year degree.
the same standards of equivalency ought to apply when foreign
national is being sponsored by employer
for permanent residency. This issue is not related to
immigration reform so Indian govt should take up
the issue with US govt ASAP.
http://www.uscis.gov/sites/default/files/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-
1083.html#0-0-0-1539
