We filed an EB-2 I-140 for our client, a Nepali national, based on his MS in Civil Engineering. USCIS sent an RFE asking the employer to prove that he was licensed to practice as a Civil Engineer, despite not having a Professional Engineer (“PE”) license. Attorney Furqan argued that the position of Civil Engineer does not require the passage of the PE exam, and that it only requires the passage of the Fundamentals of Engineering (“FE”) exam. Since our client had passed this exam, he was considered a licensed Engineer in Training (“EIT”), and as an EIT, he was qualified to be a Civil Engineer. USCIS ultimately approved the I-140 on this basis.
