EB2 vs Eb3 - need advice

B

belacut

Registered Users (C)
I am on EB3 and my PD is 04/03.
My wife's company is beginning to file for her GC and we would like to know if she is qualify for a EB2 then we can take advantages of the ROW "Current" to get our GC faster.

She is working for a Fortune 100 company as Business System Analyist
- a 3 Yrs BA degree (HK)
- a 2 Yrs MBA degree (Aust)
- Total of 9 Yrs working experience (6 Yrs in IT field where 4 years in US (the same company she is in right now)
- 76K annual salary

Does she qualify for a EB2?
We recently review the PREM applications and the company only asked for a BA degree with 3 years experience for her postion.
 
belacut said:
I am on EB3 and my PD is 04/03.
My wife's company is beginning to file for her GC and we would like to know if she is qualify for a EB2 then we can take advantages of the ROW "Current" to get our GC faster.

She is working for a Fortune 100 company as Business System Analyist
- a 3 Yrs BA degree (HK)
- a 2 Yrs MBA degree (Aust)
- Total of 9 Yrs working experience (6 Yrs in IT field where 4 years in US (the same company she is in right now)
- 76K annual salary

Does she qualify for a EB2?
We recently review the PREM applications and the company only asked for a BA degree with 3 years experience for her postion.
Click to expand...

It is job requirement that determines eb2 or eb3. If the job requirement is BS+2 years, then it is eb3 even if employee has PhD degree.

since company only asked for a BA degree with 3 years experience for her postion, it comes under eb3 category.
 
Her 4 years experience in the SAME company will not be counted towards experience. So she has only 5 years.

Qualifications for a BA vary in the industry.

But this is what I see for most of the BA requirements in Dice.
BA/BS degree in business, marketing or a technical field
1-3 years of professional experience
Ability to work in a fast-paced, dynamic environment
Excellent oral/written communication skills.
Excellent knowledge of Microsoft Word, Excel and PowerPoint

Its upto her company to justify that 'New position needs Masters and n years experience'. yes, she qualifies for such labour.

But most of the companies stopped asking for Masters nowadays including my company. Until 2003 they asked for MS+3 years; And ALL 140 for those labours were in trouble and worst case were rejected. Now they file for everyone in EB2 category only i.e BS+ 3 years.

If her company asked for MS+3 years for BA position, 140 will be in risk; And lawyers know that.

belacut said:
I am on EB3 and my PD is 04/03.
My wife's company is beginning to file for her GC and we would like to know if she is qualify for a EB2 then we can take advantages of the ROW "Current" to get our GC faster.

She is working for a Fortune 100 company as Business System Analyist
- a 3 Yrs BA degree (HK)
- a 2 Yrs MBA degree (Aust)
- Total of 9 Yrs working experience (6 Yrs in IT field where 4 years in US (the same company she is in right now)
- 76K annual salary

Does she qualify for a EB2?
We recently review the PREM applications and the company only asked for a BA degree with 3 years experience for her postion.
Click to expand...
 
Last edited by a moderator:
Talk with a lawyer

Even the experiance from the current company can be used if the job description being used for labor cert is 50% or more different than the position being used to show experiance.

Also if your wifes company is willing to require 5 years of experiance for the purpose of the process then 140 shouldn't have any problem getting approved as far as the eb2 qualification is concerened.


You should consult a lawyer.
 
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