EB3 or EB2

[Parth1970]

I have a bachelor degree, 5+ year experience

My labor certificate (ETA 750), field # 14, College Degree require - Bachelors Degree and Experience 5 years.

Is my case consider in EB2 (because of 5 year experience) or EB3 (because of bachelor degree) while file for I-140?
Thanks

 

[jllag1]

I have a bachelor degree, 5+ year experience

My labor certificate (ETA 750), field # 14, College Degree require - Bachelors Degree and Experience 5 years.

Is my case consider in EB2 (because of 5 year experience) or EB3 (because of bachelor degree) while file for I-140?
Thanks

First of all, EB2 or EB3 is dependant on the minimum requirements for the job (as per DOL standards or labor cert). If a job requires only a Bachelors, then even if you have a PhD, you will not qualify for EB2. Also, you will not qualify for EB2 if you just have a Bachelors with no experience. So to qualify for EB2, the job should first require that and secondly, you should have the educational qualifications for EB2.

So, as per your post, I would imagine that you should qualify for EB2. Just a note that the 5 years experience should be "relevant progressive employment experience" as per USCIS.

 

[Parth1970]

Thanks for your early reply:
That means my employer has to file I-140 with EB2 category and I am eligible to file I-485 together with I-140?

 

[jllag1]

Thanks for your early reply:
That means my employer has to file I-140 with EB2 category and I am eligible to file I-485 together with I-140?

I really don't know the process of actual filing. Maybe somebody can answer that. But yes, if you qualify for EB2, you can do concurrent filing as PD for EB2 is current for all nationals.