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Labor Cases – Higher Education

Our firm has had considerable success in affirming approvals for permanent residents’ applications with higher education. Based on a Labor Certification the quota is current for applications with higher degree.

If an alien is approved for the Second Employment Preference, he/she may immediately apply for permanent residence. This is especially valuable because an applicant to adjust status must remain in legal status when an adjustment of status application is filed.

To qualify for a Second Preference the applicant has to have a Master’s degree or a Bachelor’s degree and five years of experience showing increasing responsibilities and managerial authority. If the applicant holds a degree from abroad, an education evaluation must be made that confirms that the foreign degree is equivalent to a U.S. master’s degree. Recently, the Administrative Appeals Office (AAO) in an application for a Computer Software Engineer held that a 3 year Bachelors degree and a 2 years Masters Degree from India may be approved if the applicant’s bachelor’s degree is the equivalent of a U.S. bachelor’s degree and the applicant’s post bachelor’s experience plus his/her education made it the equivalent of 5 years of post baccalaureate experience.

The AAO has held that for a Second Preference a Bachelor’s degree plus 5 years of increasing work responsibilities is required or a Bachelor’s degree plus a Master’s degree or if the degree is obtained abroad, that there be an education evaluation that the foreign degree is equivalent to a U.S. Baccalaureate and a U.S. Master’s degree. If you only have a bachelor degree you can apply for a 3rd preference but it’s behind 2 to 3 years.


The Attorney General of New Jersey has requested local police to ask arrested people about their Immigration status. Many immigrants have been swept up in this round-up due to this confusing enforcement order. The entire immigrant population, especially in New Jersey, now fears any contact with the police.

Over the past year New Jersey law enforcement officers have doubled the number of referrals to Immigration authorities. This directive has resulted in racial profiling because the police have even questioned passengers in routine traffic stops. Although these highhanded tactics are illegal, it is not likely that immigrants who are out of status would file a complaint against the police.

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