EB2 Eligibility

A

alpeshmd1

New Member
Hi Rajiv,
I have 3 year Diploma + 3 year Bachelor degree in Instrumentation & Control, from India and I have 13 year (10 years India+ 3 year US) of experience in same field. Right now I am on H1b and as suggested by company lawyer, they are applying for GC labor certification in EB3 category with skill level 2 and I am suggesting them for the EB2 since I have bachelor degree + 13 years of exp in same filed. Company lawyer told that there may be chance to get reject your application in EB2,. My question is shall I eligible for filing my labor certification in EB2?
Do we need to define the category while filing the labor certification like EB2 or EB3 in ETA750 or can we determine the category on I140 filing?
 
If you do not have a master's equivalent (3 year Bach + 3 year Mast, or 4-year Bach + 2 yr Mast), or 4-year Bachelor's degree plus 5 years of progressive experience, then you do not traditionally qualify for Eb2 in the eyes of USCIS.
ETA750 is obselete since 2005. ETA9089 is the current PERM Labor Certification Form.
 
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