EB2 or EB3 ... please advise

[prashant_jain]

I have a Bachelor of Commerce degree (3 years, unlike the Bachelors degree in USA which is 4 years) from India. I also have 12 years of experience. Would I qualify to file under EB2. My labor was applied under EB3.

Please advise.

 

[TheRealCanadian]

I have a Bachelor of Commerce degree (3 years, unlike the Bachelors degree in USA which is 4 years) from India. I also have 12 years of experience. Would I qualify to file under EB2. My labor was applied under EB3.

If your degree is 3 years then there may be issues with that, never mind filing under EB2. Since there is no difference in the priority dates, filing under EB2 invites more scrutiny and possibilities for problems versus EB3. I qualified under EB2 myself (Bachelors + 5 years' progressive experience) but opted to file under EB3 since it was a clear-cut case.

 

[usnycus]

EB2 or EB3 depends upon job description/requirement set during the LC process, not on the beneficiary qualification/education.

I have a Bachelor of Commerce degree (3 years, unlike the Bachelors degree in USA which is 4 years) from India. I also have 12 years of experience. Would I qualify to file under EB2. My labor was applied under EB3.

Please advise.

 

[pralay]

EB2 or EB3 depends upon job description/requirement set during the LC process, not on the beneficiary qualification/education.

It does depend on education/qualification because that's part of the requirement for the position employer is trying to fill-in with immigrant worker. I know people who had difficulty in EB2 LC because their bachelor + master degrees were totally different from their job description - even though they had more than 4-5 years of experience.