EB2 or EB3

S

sofiakhan

New Member
Hi,

I have BE computers(India) & MS computer(US)plus 1 yr of work experience before coming for my MS to US.
I have started my GC process through a consultant.
My salary right now is $50,000 per year. My lawyer said my Privilege wage is 102,000 per year. I want to apply in EB2 category. Will there be any problem if I apply in EB2 category with 50K salary???? Please advise. My consultant is advising me to go via EB3 process & I don't want to. Thanks
 
Hi,

My case is (9089 form fields)

4. Education Minimum Level required: bachelors
6A Number of Months Experience Required: 60
8-A Alternate Level of Education Required: Masters
8-C Indicate numebr of years experience acceptable in 8: 0
Position: Senior Software Engineer


I have a

Bachelors degree in Computer Science from india( 4yrs)
Masters degree(MS) in Computer Science from US University (2 yrs)
3years of Experience after my Masters

Do I qualify for an EB2 processing at I-140 stage.

Thanks
 
sofiakhan said:
Hi,

I have BE computers(India) & MS computer(US)plus 1 yr of work experience before coming for my MS to US.
I have started my GC process through a consultant.
My salary right now is $50,000 per year. My lawyer said my Privilege wage is 102,000 per year. I want to apply in EB2 category. Will there be any problem if I apply in EB2 category with 50K salary???? Please advise. My consultant is advising me to go via EB3 process & I don't want to. Thanks
Click to expand...

You must keep in mind that the PERM GC process is not based on your credentials, but the requirements for the position being offered. If you position requires only a Bachelor's degree, then you will likely be filed under EB3. Everyone WANTS to demand EB2 category because the visa numbers are further ahead.

My two cents ~ It is smarter to apply in EB3 and take the longer wait than to put your nose up to it, wait longer to apply, and then get a denial under EB2 category and end up right back where you started from, losing years of time. If you are making $50K, and the PW is $102K, your case will very likely get an audit at the I-140 level. If you work for a small company, there could be an ability-to-pay demonstration issue that could also lead to an I-140 denial.

Good luck to you.
 
Attorneys draft forms in different ways... it's not how I've done it in the past, but even though, if it is requiring a Bachelor's + 5, I'd assume that yes it would be EB2. However, my other assumption is that the language would need to state somewhere on the forms "bachelor's degree plus 5 years progressive experience" for EB2.

Your attorney/company will be able to verify your category if you ask them for it. If the attorney is not permitted to release the details, you should ask your company themselves.

mysur2002 said:
Hi,

My case is (9089 form fields)

4. Education Minimum Level required: bachelors
6A Number of Months Experience Required: 60
8-A Alternate Level of Education Required: Masters
8-C Indicate numebr of years experience acceptable in 8: 0
Position: Senior Software Engineer

I have a

Bachelors degree in Computer Science from india( 4yrs)
Masters degree(MS) in Computer Science from US University (2 yrs)
3years of Experience after my Masters

Do I qualify for an EB2 processing at I-140 stage.

Thanks
Click to expand...
 
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