I currently make $71.5k as a Marketing Product Manager. I am trying really hard to convince the HR Manager to apply as an EB2. However, it seems the attorney my company's HQ designated for us is not open to the idea due to my salary range. Is there anyway I can apply and be accepted as an EB2? If so, that will put me current for I-485 (ROW). My HR Manager is open to putting in job ads with BA/BA + 5years but is opposed to MA/MS with 0 years of experience. She is also willing to go through an audit if it makes sense. In short, my company is trying to help me out but the attorney group we are locked in is adament on EB3. Would appreciate any help from you gurus. Thanks.
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EB2 emergency!
- Thread starter thuristic
- Start date
If your occupation is manager, it is better to go with BS/BA degree with more experience (say 5-6 years). This will be appropirate requirement for managers rather than MA/MS with 0 year experience. This will also put you in EB2 catagory. If you go with MA/MS, it may get audited/denied.
The only concern is if you go with Bachlor with 5-6 years experience, the prevailing wage may be higher than 71.5 k. If your employer is willing to higher salary go with that requirement.
The only concern is if you go with Bachlor with 5-6 years experience, the prevailing wage may be higher than 71.5 k. If your employer is willing to higher salary go with that requirement.
Perm lc, many thanks for the response. I guess I need to educate myself on the entire process better. I am aware that applying BA/BS +5yrs will put me in EB2 but based on what I hear, marketing professionals are SVP 7.0 which is an EB3 at best. This would imply that an audit possibly taking place and a "business necessity" needed. Is this the only way to tackle this? I have heard that Marketing professionals can easily apply for EB2 but I wonder what people do to achieve this... please help! I frankly don't even know if I am approaching this from the right angle. The attorney is firm on EB3 and my HR mgr, although she wants to help me out, seems to be tilting towards the attorney's suggestion.
One other thing, if in case the EB2 gets rejected, does it automatically suggest EB3 instead or do I need to start from scratch?
One other thing, if in case the EB2 gets rejected, does it automatically suggest EB3 instead or do I need to start from scratch?
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Perm lc, many thanks for the response. I guess I need to educate myself on the entire process better. I am aware that applying BA/BS +5yrs will put me in EB2 but based on what I hear, marketing professionals are SVP 7.0 which is an EB3 at best. This would imply that an audit possibly taking place and a "business necessity" needed. Is this the only way to tackle this? I have heard that Marketing professionals can easily apply for EB2 but I wonder what people do to achieve this... please help! I frankly don't even know if I am approaching this from the right angle. The attorney is firm on EB3 and my HR mgr, although she wants to help me out, seems to be tilting towards the attorney's suggestion.
One other thing, if in case the EB2 gets rejected, does it automatically suggest EB3 instead or do I need to start from scratch?
There is another list as per DOL that classifys jobs and education and training.
As per that list, managers are in catagory 4 which requires a Bachelors degree and extensive experience in non-manager occupations. Marketing manager will falls in 4. Therefore BS+5 years experience in non-manager occupation is very normal requirement for manager. See the page 53 in the pdf.
http://www.foreignlaborcert.doleta.gov/pdf/PERM_Final_Rule_12-27-04_FR.pdf
SVP 7/Job zone 4 requires Bachelor degree and 1 or 2 years experience. This is normal requirement for catagory 5 occupation which is typically professionlas (engineers, IT folks etc..). Though manager falls in SVP 7/ Job zone 4, it is ok to have extensive experience requirement.
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perm lc, thanks again for the response. If I understood you correctly, if my company puts out an ad for BA/BS +5yrs then I can categorize myself as an EB2, however the prevailing wage might be an issue as I have a relatively low salary based on this BA/BS +5 yrs requirement and my "manager" title.
According to http://www.flcdatacenter.com/OesWizardStart.aspx my wage is above level 1 for Marketing Mgrs for my region. I am assuming this is not enough to justify the job requirement although the title may make it easier to justify the extensive experience.
However, on the other hand, if I apply as a Marketing Research Analyst, my wage exceeds that of level 4 which may justify the job requirement. Is this the right way to go? Can Marketing Research Analyst qualify for an EB2 based on my salary although it is a SVP 7 which generally is reserved for EB3??
One more thing, if in case the EB2 gets rejected, does it automatically suggest EB3 instead or do I need to start from scratch?
Unfortunately the more I read the more questions I get..... (-_-;; ) Many thanks.
According to http://www.flcdatacenter.com/OesWizardStart.aspx my wage is above level 1 for Marketing Mgrs for my region. I am assuming this is not enough to justify the job requirement although the title may make it easier to justify the extensive experience.
However, on the other hand, if I apply as a Marketing Research Analyst, my wage exceeds that of level 4 which may justify the job requirement. Is this the right way to go? Can Marketing Research Analyst qualify for an EB2 based on my salary although it is a SVP 7 which generally is reserved for EB3??
One more thing, if in case the EB2 gets rejected, does it automatically suggest EB3 instead or do I need to start from scratch?
Unfortunately the more I read the more questions I get..... (-_-;; ) Many thanks.
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