Gurus, please help with this PERM EB2 question on job with mulitple requirements!!

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puzon23

Registered Users (C)
Hello all the gurus out there!!

I have a question regarding a job title and position for PERM EB2. Right now I'm working for a very small IT consulting company. There are literally 3 of us. I have a H1B through them and to get it was not a problem.

Now, I would like to apply for EB2 since I do hold an MBA degree and the job will require masters to do it. I wanted to improve my chances during the PERM process and hence my question.

I would like to put additional requirements for my position besides those normally required for the job title of Market Research Analyst. Besides doing that once I get my green card I will also continue doing what I also do now which is System and Network Administration work.

Here is why I think it is possible but please correct me if I'm wrong. I think that my company can put the requirements for Market Research Analyst as well as those for System and Network Administrator in PERM application. We can prove business necessity for this. Since our company is only 3 people we have to do everything ourselves (jack of all trades). The other 2 guys do the same thing, they do sales, marketing, manage clients and do the technical work of Network Administrators.

I think it would be possible to prove to DOL that there is a legit business necessity that my position should require the skills of Market Research Analyst and the skills of Network and System Administrator. I understand that this might trigger an audit, but I also believe that we have a good point.

What do you guys think? Please advise!!!

Thanks for your time!
 
The job description was what you were hired for and not what you are creating for your current responsibilities and credentials.

You need a lawyer involved.
 
puzon23
It does not matter what degree you holds. What matters is the job position, along with education and work experience requirements. DOL has clearly defined which job requires minimum education and experience requirements. Based on your masters degree you cannot force a job position to fall under EB2 when in fact it is EB3. If this happens then according to DOL job requirements are not normal to occupation and employer has to provide justification for deviating from normal job requirements (which is also referred to business necessity).
 
Thanks for all the answers but none of them actually answers my question. I know about business necessity and the fact that EB2 or EB3 determination comes from the job title and description and not my degree. Those things are obvious. I had a question about mixing two job titles responsibilities into one and showing business necessity for that. That was what I was wondering about.
 
The company needs to be working with an attorney. The owners or CEO of the company should be handling this, not you. The petition is FOR you not BY you.

It is obvious that the company is not well organized in the terms of HR. It is essential that the attorney advise and guide the company through the proper procedure if there is to be any hope for success.

That being said, the best thing for you to do is recommend the CEO find an experience immigration attorney (not cheapest) and trust them.
 
Dear Concerned4us,

I looked through most of the answers you have been giving other people (including me) and seems that your answer to everything is that we can't do anything and the lawyer+company have to do our green card process. Well, my friend, this is very obvious to pretty much all of us on this forum. Besides, I never said that I would be handling anything, I just asked a question about part of the process to get a better understanding and see what I could be up against. Please stop giving advice that is useless! I did not come here to get an answer that my lawyer has to handle everything. I KNOW THAT!!! I'm simply trying to understand what different options are and how they work so when I'm at the meeting between my employer, lawyer and myself (yes, I will be there as this is very much something that will affect the rest of my and my family's life) I can tell them what I know and found out. Of course, the lawyer then can tell me how they are going to proceed from there and I will not be involved in the rest of the process whatsoever.
Man, thank God I asked the same question on a different forum and actually got an explanation of how what I'm trying to do can be done. If I was relying on people like you to receive answers I would never be able to understand this whole process at all and still be in the dark!!
 
Given the current issues with employer based GC processing and the specifics of any given case, it is essential that you trust the attorney employed by your employer to acting on his and your behalf. While some immigration questions (family based immigration for example) can be answered by forum participants, it is my firm belief that yours is not one of them.

Your questions are far more detailed than what one might expect from someone not deeply involved in the process with no legal representation. I, quite frankly, am surprised that you would post these questions if your company, with as open communication that there appears to be, had legal representation.
 
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