Is there any hope for EB2 at all ?

B

brahmam_1976

Registered Users (C)
Hi,

I gather that unless the job description clearly says 'Masters Required' there's no way one can expect EB2. And almost 80% of the jobs that I see do not say that. So even for people with a Masters from the US and with 4+ years of experience, there's no hope apparently. I am planning on taking up a job clearly knowing that it requires a Masters but since the recruitment has already happened with 'Bachelors required, Masters preferred' my company is unwilling to change the job description. Is there any other way of pushing this for EB2 ?

Also, let's assume EB2 also retrogrades September this year and if the cut-off date they choose is Jun 2003, would that mean that after Sep 2005, none of us can file for 140/485 AND any 140s filed after Jun 2003 wont be processed ?

Thanks
 
Correct. The job ad./job description must say masters required. If not, candidates with a BA qualify, meaning that it's EB3. If it says masters required, candidates with a BA only are disqualified automatically due to no masters, meaning EB2.
 
Bjorn,

Thanks for the reply. Given this, I think there wont be many valid EB2 applications from now on. Is there a chance of EB2 retrogression even then ?

My potential employer says 'since the recruitment has happened with this job desc, we cannot change that'. Is that really unlawful or something ? Can't they float another job desc NOW and proceed ? Do you think their reluctance to do this is just about money or is there some legality here ? I am unable to push them to change the job desc, unfortunately. :( And if I go in with EB3, would be stuck again for the next 3-4 years maybe
 
There is no legal issue here. An employer can totally rerecruit with another job description. Perhaps work with them and suggest to recruit with another job decsription in let's say 6 months. That way, the current recruitment is more than 180 days old, meaning that it is invalid in terms of PERM. That way, they can see the incoming resumes for the current recruitment and hire you and get a sense of the labor market for your type of position. 6 months later, they can up the requirements and rerecruit. Obviously, a new PWD and recruitment have to happen, but if the employer wants to keep you, they should be willing to do that. If they are not willing to do that, consider another employer as the current one obviously is not committed to keeping you.
 
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