EB2 - Requirements

P

prawin

Registered Users (C)
Hi,
I joined a company as a Senior Programmer Analyst some months back and my LC is filed. The requirements for my position r published as
Bachelors in Comp Sc + 5 years exp. Can my I-140 be filed under EB2 category?
My attorney seems to differ on this. Her response is for EB2 the position should require a Masters Degree but not Bachelors + 5 years? Is it really so?
 
For EB2, not only there is a masters requirement ( or bachelors + 5) but the job requirement should say that this job is suitable only for advanced degree professionals. Thus if you are replacing some open position that till now was filled by EB3 level person, companies are reluctant to raise the level of job just for GC. They run a risk of DOL query in case of an audit.

In general the wording in LC for EB2 should be requiring Masters degree and should say - "Will accept Bachelor's + 5 years experience in lieu of Masters degree"

I guess you will have to get more details about your job position before you file labor as EB2 instead of EB3.
 
This is exactly what my the paper advertisement for my position says:

Programmer/Analyst (Sr)
Analyze, design, program, implement & lead IT projects, Legacy & Web based applications running on a nationwide WAN, I-series (AS400) & Intel platform environment. Req'd: Programming proficiency w/RPG IV & RPG III, websphere, CL(OS400) & Java languages, Development experiance in WMS, Logistics & supply chain applications. B.S In comp Sci, 5 yrs exp Resume.


Based on the above requirement, please let me know if we can file under EB2 ?
 
The principal requirement of EB2 is a Master's or higher degree. Sometimes the master degree can be substituted by a bachelors degree with at least 5+ years of experience only if the job requirement clearly states so. Since your ad doesn't require a master degree, you cannot file under EB2. For you to apply under EB2 the job ad should have said "master's degree, BS +5 years experience also accepted instead of MS".
 
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Is it just the add or is it anything to do with the the position title of "Senior Programmer Analyst" also?
 
Filing such an amendment is just like filing a new LC. Looks like you are concerned about PD retrogression so for that matter you are so far behind in the queue that even EB2 may be retrogressed by the time you come up for 485 filing.

Still if you want to try, you have to start all over again with a new Advt.
 
Degree date

Hi
I had a question and hope the experts here could kindly help me. My company has a sub-labor EB2 available. This has a requirement of MS+0. I joined the company at end of July 2001. I have an MS which degree says "Awarded on xx Aug. 2001". The difference in dates between me joining the company and my MS degree-date is about 20 days. The sub-LC was originally filed in Sep 2001.
Would it be safe to go ahead and use this sub? Any input would be greatly appreciated. I am mainly concerned about the 20day difference between my joining date and degree-date.
 
Simple,

As long as you had met all the degree requirements (course credits + any research credits) with the original Labour application date, you should be fine. Please confirm this with the lawyer.
 
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