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What Does "5 Years Of Relevant Experience" Actually Mean?

Discussion in 'How to start the green card process' started by CindyLau, Aug 6, 2015.

  1. CindyLau

    CindyLau New Member

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    I am currently a financial services consultant on my 4th year of H1B. I have a US Bachelor’s degree in Finance and Accounting. I am considering switching a job to doing something more technical, along the line of a business analyst or data analyst in the technology industry, and wondering what the impact is for my green card application process.

    I spoke to an immigration lawyer for 15 minutes for pre-consultation about my options. She advised me that if I switch, I may not qualify for the “5 years of relevant work experience” requirement for EB2 (or even EB3) because of the different job descriptions (from consulting to business / data analyst). I may have to start all over again. She said that if I want to make sure I don’t waste my 4 years of experience, I should find a job with a job description that’s 95% similar to my old job.

    As an experienced lawyer, do you agree with her advice about 95% similarity? I’m sure there have been other people who switch their job functions – how do they navigate the relevant experience requirement? Thank you very much for your kind help and expert opinion.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I don't believe that 95% similarity is necessary, but there must be a clear nexus between your experience and the new job offer.
     
  3. CindyLau

    CindyLau New Member

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    Thank you for your reply, Ron. I understand that this question will vary on a case-by-case basis, depending on the specific job descriptions. Is there some sort of a rough guideline for this somewhere? Perhaps on your website or on your forum? Thank you so much for your help.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    It's more a rule of common sense. Would a reasonable person conclude that the experience qualifies the applicant to do the job, as described?
     

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