am i available for eb2

[caiban1234]

Hi
I am Vietnamese and got master degree for Computer science at 5/2007 in US. Then i started working as programming analyst for a India IT consulting company in NJ at 12/2007.
Before working for this company, i don't have any working experience in Vietnam or US.
Now (12/2010) my employer want to sponsor Green card for me.
I can ask my employer to put Master degree in the job requirement (for PERM). They are okay with that. I think it good enough for sponsoring Green card with EB2.

But when i talked to the attorney, he said that i am not qualify for EB2 because i didn't have any US experience before joining my current company.
He said that even i have been working for my current company for 3 years but this 3 years is not counted for eb2.
For eb2, i need to have at least 3 years of US experience before joining my current company.

I don't know if he is right or not. i think master degree is enough for eb2.
Please let me know if i go with eb2 or not. eb3 will take too long for me.
Thanks.

 

[BigJoe5]

You need to consider the position offered, its usual qualifications and your ability to meet those requirements.

Start here: http://www.bls.gov/oco/ocos287.htm and explore the job titles and duties as well as training/education/experience required.

 

[caiban1234]

Thanks BigJoe5.
Let assume that my employer can do everything for me. I means he can put anything in the job requirement and job offer (for the purpose of helping me). So i am available for Eb2?

 

[BigJoe5]

Thanks BigJoe5.
Let assume that my employer can do everything for me. I means he can put anything in the job requirement and job offer (for the purpose of helping me). So i am available for Eb2?

I will assume nothing of the sort. I will play devil's advocate and give it to you straight.

The USCIS adjudicator will rely HEAVILY on the OOH write-up for a position. The position description must conform to reality. The salary must be commensurate with the position as described. A REAL job announcement must be put out in the labor market test and qualified U.S. workers cannot be turned away in favor of you.

UNLESS the employer normally uses an attorney to do ALL their hiring, an attorney MAY NOT have anything to do with screening U.S. or Foreign job applicants. An immigration/labor specialist may be consulted on the process and that is it. It sounds like you are liked by your current employer and they want to help you but they are constrained by the law in what they can do.

USCIS will see this from OOH:

"Education and training. When hiring computer systems analysts, employers usually prefer applicants who have at least a bachelor's degree. For more technically complex jobs, people with graduate degrees are preferred.......
*******
Earnings:

Median annual wages of wage and salary computer systems analysts were $75,500 in May 2008. The middle 50 percent earned between $58,460 and $95,810 a year. The lowest 10 percent earned less than $45,390, and the highest 10 percent earned more than $118,440. Median annual wages in the industries employing the largest numbers of computer systems analysts in May 2008 were:

Professional and commercial equipment and supplies merchant wholesalers $89,670
Computer systems design and related services $78,680
Data processing, hosting, and related services $78,010
Management of companies and enterprises $76,070
Insurance carriers $74,610......"

A more technically complex position requiring a Master's or higher degree is higher paid. The figures shown include a vast majority of CS analysts with only a bachelor's degree. To rely on your Master's the compensation would need to be at the HIIGH end of the scale. They can't just change a job title without following through with everything else.

Getting your H1-B only required the filing of an LCA that required no test and no recruitment effort, it was a less complex process and you know that it was a big pain to go through. (I am assuming that was the case as it would be odd to have that much experience on a student EAD alone).

Well, to get an Immigrant Visa is even tougher. You may be better off settling for an EB3 job offer at this point. OK, you have a Master's but limited experience in a job that did not require or utilize the full extent of that Master's education. It would have to pass through TWO difficult agencies, DOL via PERM and USCIS on the I-140. It's a VERY tough sell and I don't think an EB2 would be approved.

Sorry, but that is the way I see it. You, of course, are free to ignore everything that I just pointed out and do what you originally planned.