JOB Code for EB2 in PERM

xg121960 said:
I think there is a lot of confusion about Job zone 5. Job Zone 4 or 5 mostly dictates the experience required for the job but not the minimum education. While Education and Training Category Code decides what will be the minimum education requirement for the job title.

Job zone 5 DOES NOT qualify an EB-2 filing automatically. This is very clearly indicated in DOL wage determination page.

Job Zone 5 plus Education and Training Categary Code 3 will qualify an EB-2. Please keep in mind that there are only 33 job titles under Code 3 which half of those are health or little used occupations.

Job Zone 5 plus Education and Training Categary Code 5 only qualifies an EB-3 filing. Most popular scientific, enginerring and computer jobs are under Code 5. Of course, you can put 4 to 8 years experience on the job requirement depending on the SVP rating.

I think most people in this board will have to use "Business Necessity" to adjustify their EB-2 filing if they fall under Code 5 jobs. If the SVP rating is higher (>8), you could have less explanation to do. But any way, you will attracing a lot of attention from certify officer when you file an EB-2 with Code 5 job.

ANSWER:
Yes that's right. Well explained xg121960.
And for all such positions whose requirements are above the minimum requirements of O*NET we have to answer question H-12 as "NO" which is definitely triggering an audit!
 
EB-2 or EB-3

What about the job title which falls in zone-5 , E&T code-4 ?

Can we consider this one in EB-2 ?
 
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Job Zone 3 / EB2?

natasha13 said:
ANSWER:
Yes that's right. Well explained xg121960.
And for all such positions whose requirements are above the minimum requirements of O*NET we have to answer question H-12 as "NO" which is definitely triggering an audit!

Hi Natasha / xg12

New employer which I have not yet joined is filing for me under PERM EB2 with BS+8/MS+3 requirement. The job zone is 3. Do you see business necessity imminent? File-by-mail makes sense rather than electronic filing isn't it? By mail employer can send supporting business necessity documents. right? Any thoughts?
 
BS + 5 not equal to MS in PERM

Guys,

Please go through the PERM documents correctly, as per DOL BS + 2 years exp = MS so if you put BS + 5 then it equates to MS + 3 in DOL.

Take care of this, else we might end up getting a PERM rejection.
 
Critical Question? H12 How much experience will be the normal?

xg121960 said:
I think there is a lot of confusion about Job zone 5. Job Zone 4 or 5 mostly dictates the experience required for the job but not the minimum education. While Education and Training Category Code decides what will be the minimum education requirement for the job title.

Job zone 5 DOES NOT qualify an EB-2 filing automatically. This is very clearly indicated in DOL wage determination page.

Job Zone 5 plus Education and Training Categary Code 3 will qualify an EB-2. Please keep in mind that there are only 33 job titles under Code 3 which half of those are health or little used occupations.

Job Zone 5 plus Education and Training Categary Code 5 only qualifies an EB-3 filing. Most popular scientific, enginerring and computer jobs are under Code 5. Of course, you can put 4 to 8 years experience on the job requirement depending on the SVP rating.

I think most people in this board will have to use "Business Necessity" to adjustify their EB-2 filing if they fall under Code 5 jobs. If the SVP rating is higher (>8), you could have less explanation to do. But any way, you will attracing a lot of attention from certify officer when you file an EB-2 with Code 5 job.

XG1260,

My engineering job is in jobzone 4(svp range=7>8), with ETC catagory 5. It is very clear that the requirement above BS is not normal. Also, I do not have MS. Our big million dollar question is how much maximum experience we can enter in PERM application to have a "normal" experience with out Bussiness need?.

I did lot of research in onet for SVP. The exact SVP for my occupation is 7.5 in Onet. If we ask 5 years experience (mean value of svp 7 and svp 8), that will be normal?

SVP 7 = Max years 4
SVP 8 = Max years 10

SVP 7.5 = (4+10)/2 = 7 (BS + 5 years)

If we claim BS+5 years experince for Senior Engineer, will it consider as normal requirement withour bussiness need?
 
Position

What , according to OES is the position for a job titled 'product analyst' or 'product manager' ? Would that be 'computer system analyst' ?

Thanks
 
helpwithGC said:
Guys,

Please go through the PERM documents correctly, as per DOL BS + 2 years exp = MS so if you put BS + 5 then it equates to MS + 3 in DOL.

Take care of this, else we might end up getting a PERM rejection.


what's the source of this information? Can you pls send me reference?

CA_LC
 
EB2 or EB3?

After having gone through loads of posting on EB2/EB3, I am confused, to say the least. My question to all is simple - in your opinion, given the details below, will I qualify for EB2 or not when it comes time to file I-140 (assuming, of course, my LC gets approved)? I would appreciate any color that you might be able to add in your answers. Thanks a ton.

OES Job Code: 13-2051 (Financial Analyst)
Wage Level: 3 (determined by Massachusetts SWA)
Prevailing Wage: $76,170 (I am being paid low six-figures in base salary)
Source: OES
SVP: 8 (determined by Massachusetts SWA)
Job Zone: 5
Education & Training Category Code: 5
Education Required: Masters (I have an MBA from a US university)
Experience Required: 3 years
 
gretzky said:
After having gone through loads of posting on EB2/EB3, I am confused, to say the least. My question to all is simple - in your opinion, given the details below, will I qualify for EB2 or not when it comes time to file I-140 (assuming, of course, my LC gets approved)? I would appreciate any color that you might be able to add in your answers. Thanks a ton.

OES Job Code: 13-2051 (Financial Analyst)
Wage Level: 3 (determined by Massachusetts SWA)
Prevailing Wage: $76,170 (I am being paid low six-figures in base salary)
Source: OES
SVP: 8 (determined by Massachusetts SWA)
Job Zone: 5
Education & Training Category Code: 5
Education Required: Masters (I have an MBA from a US university)
Experience Required: 3 years

As per my understanding the answer is YES.
You should be able to get your 140 under EB-2
 
gretzky said:
After having gone through loads of posting on EB2/EB3, I am confused, to say the least. My question to all is simple - in your opinion, given the details below, will I qualify for EB2 or not when it comes time to file I-140 (assuming, of course, my LC gets approved)? I would appreciate any color that you might be able to add in your answers. Thanks a ton.

OES Job Code: 13-2051 (Financial Analyst)
Wage Level: 3 (determined by Massachusetts SWA)
Prevailing Wage: $76,170 (I am being paid low six-figures in base salary)
Source: OES
SVP: 8 (determined by Massachusetts SWA)
Job Zone: 5
Education & Training Category Code: 5
Education Required: Masters (I have an MBA from a US university)
Experience Required: 3 years

You are fine to file a EB2 in I-140. As the education code 5 for your position, the Master Degree requirement is not normal for your occupation. Therefore, you need a bussiness necessity justification in Labor stage. On the other hand, it will be considered as normal, if the requirement is BS + 5 years experience, based on SVP and ETCC.
 
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Audit or Denial?

Thanks to APD, Gc_puli and xg121960 for your responses. Follow-up question - any ideas as to the likelihood of audit or an outright denial given my details?
 
Can anyone please comment on this profile below:

Job - Sr. Project Manager in Publishing
Experience - about 9 years
Bsc + MSc. - both from India


The closest I could find was :

Area Code: 0875
Area Title: Bergen-Passaic, NJ PMSA
OES/SOC Code: 11-3021
OES/SOC Title: Computer and information systems managers
Level 1 Wage: $38.60 hour - $80,288 year
Level 2 Wage: $47.82 hour - $99,466 year
Level 3 Wage: $57.04 hour - $118,643 year
Level 4 Wage: $66.26 hour - $137,821 year
GeoLevel: 1

11-3021.00 Computer and Information Systems Managers

Plan, direct, or coordinate activities in such fields as electronic data processing, information systems, systems analysis, and computer programming.
O*Net™ JobZone: 5
Education & Training Code: 4-Work experience, plus a bachelor's or higher degree


Where does this fall - EB2 or EB3?

Thanks
 
I am reading this Threads Since couple of day, and i have seen for 9089, thoroughly, i haven’t seen Anywhere field for EB2, and as my Previous exp. wish Labor certification through RIR also, made me think that EB categories Comes into Picture during VISA petition ( I140, I485)...

I know job Description will strengthen application and convince Lawyers and USCIS official for Granting VISA and adj. of status under EB categories, apart from that any relevance with Labor application ( PERM)...

Thanking in advance for throwing light in above said direction....
 
gretzky said:
Thanks to APD, Gc_puli and xg121960 for your responses. Follow-up question - any ideas as to the likelihood of audit or an outright denial given my details?

The most important thing is how you(employer) attest the question H12"Is the requirement is normal for the job?". If you answer "yes", LC will be denied if DOL thinks "NO" based on ETCC, even if you have a strong evidence for bussiness necessity. Better consult with attorney when you answer to this question.
 
To Gretzky

gretzky, a small question ..

how did you come about with the requirement for

Education Required: Masters (I have an MBA from a US university)
Experience Required: 3 years

This is from the job requirements from your company ?

Other information seems to be from the SWA ..
 
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