Is it mandatory that we should have a level 3 or 4 salary to qualify for EB2?

A

annie_NJ

Registered Users (C)
My company is applying for LC through Perm this year.The job requirements are Bachelors and 5 years experience.I do have 8 years of progressive expereince ,so that wont be a problem.

So i was hoping the company will apply the LC in EB2 category.But i am still skeptiical about the following.

Depending on the job requirements ,I am sure I qualify for EB2.But depending on the salary I am not sure if I qualify for EB2.
1)Is it mandatory that we should have a level 3 or 4 salary to qualify for EB2?Or is it just okay that the job requirements to match my qualification?

2)During the LC application ,is there any way to specify that we are applying in EB2 or not?Or is this determined only at the time of I140 and I485?

Gurus ,Attorneys ,pls help me out.

Thanks
 
BS+5 years of progressive experience will qualify you for EB-2. But PWD isn't something you can arbitrarily determine - SWA will do the job for you based on the standard methodology published on DOL website. If SVP as given in ONET is < than what is equivalent to the job requirements, SWA is likely to determine prevailing wage level 3 or 4. For e.g., this would the case if your job title has SVP <8 (like software engineer).
 
PV4466 said:
BS+5 years of progressive experience will qualify you for EB-2. But PWD isn't something you can arbitrarily determine - SWA will do the job for you based on the standard methodology published on DOL website. If SVP as given in ONET is < than what is equivalent to the job requirements, SWA is likely to determine prevailing wage level 3 or 4. For e.g., this would the case if your job title has SVP <8 (like software engineer).
Click to expand...

Good answer PV4466.

1)Is it mandatory that we should have a level 3 or 4 salary to qualify for EB2?Or is it just okay that the job requirements to match my qualification?
No, it is not. Even Level II can be under EB2. For example, my company has filed PERM for someone as MS+0 and the wage was determined as Level II by GA SWA and MD SWA. I know of another guy who filed as MS+1 and got a Level II determination from CA SWA.

2)During the LC application ,is there any way to specify that we are applying in EB2 or not?Or is this determined only at the time of I140 and I485?
The only way you can make sure is by asking for at least MS+0 OR at least BS+5. Yes, you are right...EB2 gets decided at I-140. However, what your employer states as minimum job requirements on Labor Cert application (ETA 9089) (either MS+0 or BS+5) is what which determines whether you can go through EB2 channel at I-140 stage.
 
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