EB2 or EB3 !! Please Advise

E

empee

Registered Users (C)
My profile:
Masters in Industrial Engineering from US
Working for a employer for the past 2 years in Wayne County ,MI
Also have 2 years of related experience from India
Billed at $31.75 per hour

My question:
With 4+ years of relevant experience, a masters degree and a billing rate which puts me at level 2 of the pwd for my job designation in my state, my attorney still thinks that iam not eligible for eb2 and should go with eb3. do you think the attorney is right? please advise.
 
Gurus please advice

I have the same question. Masters in Computer Science, Working in MN, with wage of $65500 per annum. I have experience of 2 years of experience with the company I'm working. DO I qualify for EB2 perm?

Opinions would be greatly appreciated.

Thanks
 
The question isn't what education/experience you have. Question is what does your job title require and/or normal for that job title as dictated by ONET guidelines. Problem with ONET is that most engineering job titles have been cast away as SVP < 8 and hence you cannot say Masters requirement without declaring a business necessity (a possible audit trigger in PERM). Ultimately it is upto your employer and lawyers to figure out if they can justify MS+1 or BS+5 progressive as job requirements. Aggressive lawyers are comfortable with that while others aren't.
 
Also note that when you specify job requirements as MS+1 or BS+5 for a job title with SVP <8, SWA is likely to declare the PWD as level 3 or level 4 wage. For e.g., for Wayne County, Industrial Engineer has L3 PW as 35.47$ per hour.
 
Where Do I get this type of information?

Hi

Where can I get the wage requirements? Is it available online? Please post the information.

Thanks,
 
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