EB2 Job description

coscos

Registered Users (C)
Hi

I am working in San Mateo county, California, as a Senior Software Engineer. I plan to start my GC process as EB2 since I have a Computer Science Master degree from US plus following working experience:

14 months in my current company
20 months in US, before I joined current company
2 years in China, before I came to US

All these experience are (senior) software engineer. My current salary is about 91K

Now my company is ready to do the job posting. However, after I talked to the lawyer, I have some confusion.

My lawyer suggest to have the job description as Master + 3years OR bachelor + 5 years because INS needs Master/Bachelor+5 to qualify EB2 -- however, according to DOL, Master = Bachelor+2. So my lawyer thinks M+3/B+5 is the best solution.

But I am afraid the M+3 is too high (I only had 20months US experience before I join my current company) and it might trigger the audit from DOL. our company also needs to prepare the document for business nessisity in this case. So I asked if we can go with M/B+5. But my lawyer said no because he believe Master and B+5 are not equivelent according to DOL.

I am a little bit confused here. I want to go for EB2 but I don't want the extra trouble (business nessisity doc, ...). How should I put the job description?

thank you very much.
 
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