EB-2 and prevailing wage level

S

Sundraj

Registered Users (C)
EB-2 and prevailing wage level:

Can the prevailing wage level 1 for master with 0 experience would qualify for EB-2? A lawyer says it has be be level 2 salary for masters with 0 oxperience.

A friend of mine got a labor approved (EB-2)with level 1 salary for master with 0 experience. But he applied prior to the perm process started (old system). If this is applicable to the perm process as well, then EB-2 category do not rely on whcih level of prevailing wage.

Please share your thoughts
 
The wage level is determined by SWA and is entirely upto them to determine and has nothing to do with EB2 or EB3 in general. (MS+0 or MS+n, BS+5 are EB2 anything less is generally EB3)

Generally speaking, if the BS is degree is required for an entry-level position for the occupation then putting the MS as requirement would make it one level higher (2). The wage level determination also depends on job duties, yrs of experience reqdm whether supervision involved and any other special requirements.

Though it is true that for the same requirements, the wage level (sometime even the occupation title) determined by different SWAs may be different. Strange enough I guess.
 
I agree with the statement "The wage level is determined by SWA and is entirely upto them to determine and has nothing to do with EB2 or EB3 in general" . My case was filed under EB3 + 3 YEARS exp. and Missouri state SWA came back with level 4. My lawyer then negotiated the case and brought it down to level 3.
 
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