Application EB2 Via A Master Degree (Perm)

[sparkle9]

Before my master degree, I have been working for the company under CPT. After my Master Degree, I worked for the company under OPT, and after October I worked for the company using H1B.

I talked to the HR, they informed me that they can support me for EB3, since I did not have my master degree when I initially was working for the company.

I doubt what the lawyer of the company said. Since in the past they used to support EB2 under my current job title? So in my case, is there anyway that I can apply for EB2?

 

[littleadv]

Yes there is, but the lawyer and the company will have to jump through a lot of hoops, and it will most likely trigger an audit. They'll have to prove that your job description is significantly different from the one you had when you first joined the company (for example - the PERM is for a managerial position, while prior to the H1B you were an associate). They're probably unable or unwilling to make that effort.

 

[BigJoe5]

Before my master degree, I have been working for the company under CPT. After my Master Degree, I worked for the company under OPT, and after October I worked for the company using H1B.

I talked to the HR, they informed me that they can support me for EB3, since I did not have my master degree when I initially was working for the company.

I doubt what the lawyer of the company said. Since in the past they used to support EB2 under my current job title? So in my case, is there anyway that I can apply for EB2?

The permanent labor certification process is there for a reason. It is there to protect American workers' wages and working conditions. IT starts with the actual job and NOT with your qualifications.

YOU did the job without a Master's Degree. What the heck is SO DIFFERENT about the job now that IT REQUIRES someone with a Master's Degree?

Playing around with PERM and I-140 petitioning can lead to DOL audits, DHS investigations (ICE and USCIS), potential fines (rarely-criminal prosecution), and finally DOL and USCIS debarment for up to 5 years. Employers will be warned against such actions by any competent counsel.