For I-140 petition, is there any requirement for the experience listed in the Labor Certification?
In the EB-2 based I-140 petition, the regulation uses a specific language of a bachelor’s degree “followed by” the five years of progressive experience. For instance, if the Labor Certification application required a bachelor’s degree or a master’s degree, any experience during the degree program has been fairly liberally accepted by the USCIS. However, when an alternative requirement in lieu of a bachelor’s degree or a master’s degree is required in the Labor Certification application, the USCIS has interpreted the law more narrowly.
