My husband has an H1B visa now. Though he does not hold a bachelor degree, he has over 16 years experience in IT. Is he eligible to apply fo...

Question

My husband has an H1B visa now. Though he does not hold a bachelor degree, he has over 16 years experience in IT.

Is he eligible to apply for Green card without a degree? If yes, what is an approximate term for waiting for it?

Is the risk to get rejection higher than for professionals who hold a bachelor's degree?

Answer

For EB-3 professionals, one must possess the educational equivalent to a 4 yr U.S.University degree. For EB-3 skilled workers, the worker can have a BA equivalency based upon both education & experience. However, for EB-3 "other workers", the employer only needs to require 2 years of experience.

Perhaps your husband's employer should consider the latter category. Keep in mind he can only be in H-1B status for 6 yrs, unless he has a labor certification that has been pending for more than 1 yr or an approved I-140.

For years, my practice has focused on business immigration, including IT professionals. I would be more than happy to answer any questions that your husband or his employer has about his situation.