Bechlor vs Master degree in job posting for GC Process

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desi5453

New Member
Is there any relation between job postings of when they post job and hired an H1B person and when they process green card for the same employee and post the job as a part of Labor Certification?

If one job posting says "Required Bachelor Degree " and one posting says "Required Master Degree"...is there any relation between those two? Is that create problem to the company?

I am on H1B visa and I applied for company XYZ when they posted a job posting for position and I got selected. Now, they are about to start my GC process.

Thanks!

Any response will be greatly appreciated!


I have similar question as one of the thread over here, but couldn't find answer, following is the thread:

"

Started working as H1 - bachelors & want to apply green card - EB2


2005 : I was masters student
2005 : I started working on pre-completion OPT without defending thesis (without completing masters)
2006 : The company filed for my H1b under Bachelors degree
2006 : My OPT period ends, H1b started and I defended my thesis (completed masters) all at the same time
2007 : The company prepares to file for Green card and hence start labor certification process.

My questions:

Can my company mention Masters degree as a requirement on job description for labor certification? They concluded that they will have to mention bachelors degree (same as at the time of hiring) and mention my most recent salary.

Does that mean that my green card would be filed under EB3 category even though I have a masters degree since a year and paid salary at par with masters degree candidate?

If yes, are there any alternatives for me to get green card filed under EB2 and help speed up everything?

"
 
The actual job must be real and the requirements for the job should be the same for ANY applicant for that job. If the greencard job will be a promotion to a higher level of authority and pay and actually does require a higher degree then it would be OK. On the other hand, a company runs serious legal risks in falsifying a job announcement in order to 1.) tailor it to a particular alien that has been pre-selected for the job and 2.) exclude fully qualified and available U.S. workers by falsely inflating the minimum requirements for a particular job opening. DOL is in the business of knowing what jobs require which degrees and could see it as an attempt at fraud from the very beginning and it could end badly and quickly.

Imagine if you will that the position is one of several such positions in a company. A USC holds one and (s)he has a B.A., another position is held by a greencardholder with a B.A. IF the company were to CHANGE the job description just for you to suddenly require a Master's degree this would exclude people unjustly.

NOW imagine that this "change" is kept quiet and the USC and/or the greencardholder tells a friend about this opening at the company ((s)he) saw the required posting) which was the same job as his/hers. Questions would arise later rather than sooner.

1. Did the employer post an announcement that still listed the B.A. requirement?
2. Did the employer post the one with the M.A. requirement?
3. Did the PERM filing indicate M.A. but the posting say B.A.?
4. If the posted announcement said B.A. but the PERM said M.A., DOL will find fraud and then the lawsuits start to be filed by the Government against the employer.
5. If the posted announcement suddenly says M.A. required but the other incumbents don't see that and refer a friend (a classmate who got a B.A. with him/her) and then the friend is told "You don't qualify because you only have a B.A." and that information gets back to the incumbent who referred that person...then an employment discrimination lawsuit is sure to follow.

The bottom line is that the employer puts him/herself at legal risk of a lawsuit by "doctoring" minimum job requirements in order to help you have a better chance.


From USCIS Adjudicator's Field Manual 22.2
*****
(e) Suspect Elements in General Review of I-140 Petitions

In petitions seeking to bring aliens into the country to be employed either as temporary workers or as immigrants, it may occur that the petition was filed on behalf of an alien beneficiary as a favor or accommodation to the alien or to a friend or relative of an alien. The following list is offered as a guide to suspect elements. ( Note: None of these reasons should automatically result in the petition being denied; however, they may alert you to the need for further examination, interview or investigation.)

(1) Overly Specific Job Offer .

The language of both the labor certification and the visa petition is overly precise or legalistic, which may indicate that the petitioner catered the petition to a specific alien.
 
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Well, whenever it come to hiring a candidate then higher degree person get proffered mostly, company follow this pattern but if you have some real talent then possibly a low degree person can beat higher degree person . If they have already selected you then don't worry and get on your feet.
 
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