EB2 PERM Application - Please Advise

M

mgc2000

Registered Users (C)
Hello,

I need advise on a PERM application. Any suggestions/advice will be very helpful for me. I have a BSc. Computer Science from my home country and MSc. Computer Science from USA.

While doing my MSc., I had two years part-time job experience at the Computer Science department developing software applications.

After graduation, I started work as Software Engineer II at a software company. My company filed EB3 labor certification which is pending at the backlog center. The EB3 labor certification was filed for another job opportunity at another state. Due to visa retrogression, I am thinking of filing an EB2 PERM for my current position.

I have read the PERM regulations and it seems that 'Software Engineer' jobs only require Bachelor's degree and my employer needs to justify the need for a Master's degree if I file EB2 PERM. Is this true ? Is there any way I can file a good EB2 PERM case ?

Also, if the EB2 PERM gets approved what are the chances of getting the I-140 approved ?

Any suggestions/advice will be greatly appreciated. Thank you very much.
 
You do need to have a job that requires an MS degree. That job would also require a higher prevailing wage. Do you have contact with your employer's lawyer?
 
Thanks for the response ImmigraBoy. I have talked to my company lawyer but unfortunately they are not very cooperative. If my job requires MS+0 yrs experience or BS+5 yrs experience or any combination of work+study experience, that should qualify as an EB2 case ? Is this correct ? Will this cause any problems down the road at I-140 stage ?

Thanks.
 
Yes, if your job requires as such is mentioned, you qualify for EB2... Make sure there is enough reasoning for an MS degree candidate, and that the prevailing wage is not too high.
 
Just giving a 2nd opinion for sanity's sake -- ImmigraBoy is exactly right.

ImmigraBoy said:
Yes, if your job requires as such is mentioned, you qualify for EB2... Make sure there is enough reasoning for an MS degree candidate, and that the prevailing wage is not too high.
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I'm nervous about this casual line that was tossed out: "... BS+5 yrs experience or any combination of work+study experience, that should qualify as an EB2 case."

If by BS+5 years you mean "Bachelor's and five years of progressive, post-baccalaureate experience," OK.

"Any combination of work+study experience" ... eh, no. If I were the immigration counsel, I would not include this line in the requirements if I were going to argue for an EB-2 case at the I-140 stage. Wouldn't this invalidate the "hard" requirement of Bachelor's and five years of progressive, post-baccalaureate experience required to qualify for EB-2?

st4rguitar, what do you think???

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The 'any suitable combination of education, training, or experience,' in our experience, is REQUIRED along with the Bach + 5. Don't worry -- for the recruitment report, if the applicants don't have the Bach + 5, you can say "did not have suitable education/experience." The DOL is ... let's just say the people working there only need to be graduated from High School.
Gotta run into a meeting -- will check back later on tonight.


DanielaDeLaVega said:
I'm nervous about this casual line that was tossed out: "... BS+5 yrs experience or any combination of work+study experience, that should qualify as an EB2 case."

If by BS+5 years you mean "Bachelor's and five years of progressive, post-baccalaureate experience," OK.

"Any combination of work+study experience" ... eh, no. If I were the immigration counsel, I would not include this line in the requirements if I were going to argue for an EB-2 case at the I-140 stage. Wouldn't this invalidate the "hard" requirement of Bachelor's and five years of progressive, post-baccalaureate experience required to qualify for EB-2?

st4rguitar, what do you think???

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Click to expand...
 
Yeah, st4rguitar you're right: For BS+5, "Any suitable combination of education, training or experience is acceptable" should be included. I was just thrown off by "work+study." Thanks!!

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