Company ad for EB2

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annie_NJ

Registered Users (C)
I am a Senior Software engineer with Bachelors in Mechanical Engineering from India with 8+ years of software experience,now working in Ohio.

1. Can I successfully file in EB2 with advertisment given as
Minimum requirements are a Bachelors degree in CS or related field , a Masters would be helpful, with 4 – 8 years of work experience?

My company attorneys have ensured that they would be filing in EB2.But once i saw the ad ,i am little doubtful now.
Please help me out.I would like to know whether i qualify for Eb2 with this job requirement in the ad.


Thanks
 
The job requirements look good enough for EB-2. But I am not sure if you would qualify for the ad's job requirements. The ad clearly says, Bachelors in CS or related field - not sure how that includes BS, mechanical engineering. The better way to go about this would be a requirement like - Bachelors in Engineering + 5 years of progressive experience in CS or related field.

Also 4-8 years on the ad is little vague. Better option would be a specific no. of years of exp (5 years should do the job for you).

annie_NJ said:
I am a Senior Software engineer with Bachelors in Mechanical Engineering from India with 8+ years of software experience,now working in Ohio.

1. Can I successfully file in EB2 with advertisment given as
Minimum requirements are a Bachelors degree in CS or related field , a Masters would be helpful, with 4 – 8 years of work experience?

My company attorneys have ensured that they would be filing in EB2.But once i saw the ad ,i am little doubtful now.
Please help me out.I would like to know whether i qualify for Eb2 with this job requirement in the ad.


Thanks
Click to expand...
 
I did have a similar problem. The advertisement can be placed with broadly without mentioning education or specific job duties. For an example,
"XXX Inc. seeks software engineers in XXX area. Please contact......."
This open advertisement is considered to be a advertisement for a software engineer with a MS degree. But when you say "Minimum requirements are a Bachelors degree in CS or related field , a Masters would be helpful, with 4 – 8 years"
1. Minimum education requirements is BS not MS
2. In order to qualify EB-2, you should have a 5 years of progressive experience with BS.
3. If you have MS with no experence with the current employer, U will qualify for EB-2. But with this advertisement, you should put BS as the minimum reqirement Part 4, Section H in 9089. And you can select MS as an alternate field of study.
It is very important that alternatives must be substantially equivalent to the primary requirement per Kellogg Standard. That means in order to qualify EB-2 and satisfy substantially equivalent altanative, BS with five years experence as a minimum and MS with 3 years? (not sure) experience as a alternative is appropriate? Question is Do you have either one of them?

Please correct me if I am wrong.

Please visit the following for more info
http://www.immigrationportal.com/showthread.php?t=204764
http://workforcesecurity.doleta.gov/foreign/faqs.asp
 
Min. reqt for BS+4 still falls under EB3.

Avoid mentioning range of experience. Use a specific value. DOL/USCIS will hold on to the lower end of the range as the actual minimum requirement for the job.

To come under EB2, minimum job requirement must either be MS+0 OR BS+5.

Be careful denial based on Kellogg's case. Read up more on threads in this forum.

If you qualify only by means of alternative requirements and if box H-14 does not state "any suitable combination of education, training or experience will be acceptable", then your PERM will be automatically denied.
 
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