What is the “post-graduate” experiences in the EB-2 based I-140 petition?
When it comes to the requirement of experience, it also has been USCIS’ position that the experience during the period of degree program can be counted to satisfy the experience requirement in the Labor Certification application if the degree requirement is satisfied. This is drastically contrasted to the experience requirement in the EB-2 based I-140 petition requiring a bachelor’s degree plus 5 years of progressive experience that only counts “post-graduate” experiences. In the EB-2 based I-140 petition cases, the definition of degree and experience requirement is more strict, restrictive, and narrow, because of the specific languages in the EB-2 regulation, as opposed to the definition of degree and experience requirement for the EB-3 regulation.
