Bad job ad for PERM

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nxm

Registered Users (C)
Hello all Gurus,
Now here is my situation, following is the job ad that was posted for the PERM.

Here is the job advertisement:
"Bachelor degree (Computer Science, MIS or related).
Experience (concurrent): 5 years (will accept Master Degree in Computer Science, MIS or related and 3 years): in ASP.NET, ADO.Net, C#, etc..."

My lawyer says it is EB3 and cannot go in EB2 because it requires Bachelor+5+3(because it has MS+3) so therefore Bachelor+8 years of experience.

I do not have Bachelor+8 years of experience but I do have MS+5 years of experience. My lawyer says we cannot use your MS because the primary requirement is Bachelor+5 not MS+3.

So I do not understand why my lawyer worded the job ad this way when he could have easily defined the job ad like this, MS+3 or BS+5 in Computer Science, etc... It seems like to me that my company wants to deliberately push me into EB3. What should I do?

Also if in the job ad it says Bachelor+5 or MS+3 does it mean that the person with only Bachelor must have 8 years of experience? Does this not mean EITHER Bachelor+5 OR MS+3?

Please advice what to do. I may have an opportunity to change my lawyer and file something like MS+3 OR Bachelor+5.

Thanks a lot.
 
Others may correct me if I am wrong, but I believe the EB3 versus EB2 classification depends on the job title and duties and not necessarily the qualification of the individual. My guess would be that your attorney might be saying that the job requirements and duties fall under EB3 category and not EB2.


Stoned!
 
You are right, but...

The EB2 or EB3 classification is made depending on the job requirement not the individual qualification.

In the job ad it says that the job requires Bachelor+5 years but will accept MS+3 in lieu of BS+5 but MS+3 is not the primary requirement. Do you think this statement will qualify as EB2 classification.

Does this mean that a person who does not have a Masters must have 8 years of experience to fulfill this requirement?

USCIS have this rule that Bachelor+5 years = Masters = EB2. But this does not mean that Bachelor+8 = Master+3. Its either Bachelor+5 or Master+3. Do you get my point?

So what my attorney is saying is that you have to have Bachelor+8 years to qualify as EB2, which according to the USCIS rule, is not correct.

And also if Bachelor+5 is the primary requirement then we can altogether remove the MS+3 years and that itself will qualify for EB2, correct?

I hope I did not make it very confusing. Any advise is appreciated.

Thanks for the responses.
 
Many attorneys do not want to take the burden of justifying IT jobs under EB2 category. EB3 is easy work for them. So they go to any extent to scare you away from trying EB2 initially.
I know some of friends who paid more money for starting EB2 processing after 2 years of waiting in EB3 line. Then the same attorneys were very glad to do it for them.
It may be another money making scam!
 
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