EB2 vs. EB3 - MS Degree

J

jay_jay

New Member
Quick Question:
I have a MS degree with 5 yrs experience (Post-MS) in the US with my current employer. I have a Labor petition that is pending at the Philly BEC with a priority date of June 2003 (from CT). My H1B expires in Oct 2006. I am looking at a new job opportunity where they are ready to file an new application thru PERM.

My question: Can I file for the new LCA through EB2? I have an MS in Indl Engg + 5 yrs exp. and my job ad can include the MS requirement in IE.

Please help.
 
EB2 vs EB3

An Industrial Engineer is EB3 according to ONET, meaning BA and 2-4 years experience. Requiring a masters and 5 years experience in the ad requirement means the employer has to prove business necessity to the DOL for both the masters degree and the 5 years of experience, and I do not believe the DOL will approve both a masters and 5 years experience as a requirement for an industrial engineering position. Perhaps one of those two, but not both. DOL will regard that it's too abnormal for a typical industrial engineering job to require both a masters and 5 years expeience basd on ONET, so the DOL will likely regard that ad and requirements as too restrictive and tailor made to your resume and force your employer to re-recruit based on lower requirements or simply deny the application.
 
Bjorn,

Thanks for the reply. I should have indicated the O'Net job title. The title applicable will be

Operations Research Analyst
Job Zone 4
Education : 3 - Masters Degree

Based on this, is it reasonable to apply under EB2?
 
You must log in or register to reply here.
Top