H1B with a US Master's Degree: EB2 or EB3

R

r00tdunge0n

New Member
Hi,

What would be the safest and best option for someone on a H1B and has an MS-Degree in Computer Engineering from US while applying for a Green Card under the EB category?

I only qualify for EB2 and EB3.

Is EB2 safer and faster than EB3 in my case?

In what case would an employer have an inclination towards EB3 and not EB2?

Help Appreciated
Thanks
 
I know this obvious answer. I am interested in knowing the factors involved in the decision.

Does EB3 take longer than EB2? What documents do I have right-to-information to? LCA, petition etc?

If a person has a Master's degree isn't it sufficient to qualify under EB2-Advanced degree?

Thanks
 
Either employer or your attorney can not take any decision on Eb2 or EB3.
Only Your job requirements decide whether you qualify for EB2 or Eb3.

e.g. If a job requires ( Programmer/Analyst) BS with 1 year experience in Programming.

But you have MS/PhD with 20 years project manager experience, then you qualify only for EB3 cateogory. Your employer or attorney can do nothing.






r00tdunge0n said:
I know this obvious answer. I am interested in knowing the factors involved in the decision.

Does EB3 take longer than EB2? What documents do I have right-to-information to? LCA, petition etc?

If a person has a Master's degree isn't it sufficient to qualify under EB2-Advanced degree?

Thanks
Click to expand...
 
Right, but who designs job requirements? Is there an official list of jobs maintained by the DOL somewhere? Suppose someone is an amployer, and they need a person to do a very specific type of job, presumably they can make up whatever job title they want, e.g., "Supreme Software Architect IV+ and Science Coordinator", and set up whatever formal requirements they deem necessary (e.g., a Ph.D., 5 years of experience, 100+ KLOC of software written in the past, 20 publications), assuming they got an argument in place why they find them necessary for the job? Or must they actually not do that?
 
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