EB2/EB3 Category questions

[s.chandra]

Dear friends,

When I joined in my current job, based on the company ad on their website which was requiring 3 years of IT exp & 2 years in specific field. That was in Oct-2006. I joined the company in Jan 2007. Now in Aug-2008 they are planning to start the GC process & my attorney is saying it will be EB3. However, based on the recent job evalution, my position has been re-evaluated as 5yrs total IT with 3 years in specific field. My HR is fine with this as it will be EB2. However, our attorney is not ready to accept this. Can someone tell me if this is an issue. As my understanding on this is. the company will give an ad based on the current requirement.

Please let me know...........thank you very much.

 

[whitemimauz3]

When an employer sponsors an employee for permanent position, it has to adhere what otherwise it would have normal job specifications/requirements, meaning what is industry/company specific policy, so the position might not ask for 5 years experience, it would be that it requires 2 or 3 years experience, due to which your attorney recommending to go for EB3 which is what it should be and safer too. Simply because you accumulated 5 years of experience does not make that position to switch from EB3 to EB2. If the normal job requirements gets tailored (so as to match your education & experience background) then you are definitely risking business necessity audit