Job description & EB-2

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shahrooz

Registered Users (C)
Hi there,

I've completed the advertisement phase for PERM and will apply in two weeks. There's only one problem : I read somewhere (can't remember where) that EB-2 and EB-3 are not defined by applicant's highest level of education but rather by the requirements listed in job description. We didn't state that a master's degree is required for this job (I have a masters degree) on the ad and the job order. Is this going to push me into EB-3 category? I've got a little scared and don't want that to happen since the waiting period for obtaining the green card through EB-3 category is around four years now. (According to December '06 visa bulletin) I appreciate any information or personal experience.
 
shahrooz said:
Hi there,

I've completed the advertisement phase for PERM and will apply in two weeks. There's only one problem : I read somewhere (can't remember where) that EB-2 and EB-3 are not defined by applicant's highest level of education but rather by the requirements listed in job description. We didn't state that a master's degree is required for this job (I have a masters degree) on the ad and the job order. Is this going to push me into EB-3 category? I've got a little scared and don't want that to happen since the waiting period for obtaining the green card through EB-3 category is around four years now. (According to December '06 visa bulletin) I appreciate any information or personal experience.
Click to expand...

Yes. The EB category is based on the job description and NOT on your education. You might have a Phd, but if the job requires only a bachelor's then you will have to file under EB3.
 
I second that. You can see multiple queries answered with the same answer here. The category is defined by the job description, not your personal education. I hope you had an "alternative combination" of a masters.
 
deferring requirements until time to petition.

I read in this PERM forum that the actual requirements can be deferred until it is time to file the petition online. Is it true? If so, then the fact that you didn't mention MS shouldn't be a problem (unless you already specified BS as a requirement in the ad) and it can be mentioned in the actual petition when filing.

Attorneys/paralegals please clarify. Thanks.
 
YES. THE INFORMATION THAT YOU HAVE STATED IS CORRECT. The EB2/EB3 category is based on the job REQUIREMENTS and NOT what you posess. You're going to have to start everything over if you want to be an EB2.

shahrooz said:
Hi there,

I've completed the advertisement phase for PERM and will apply in two weeks. There's only one problem : I read somewhere (can't remember where) that EB-2 and EB-3 are not defined by applicant's highest level of education but rather by the requirements listed in job description. We didn't state that a master's degree is required for this job (I have a masters degree) on the ad and the job order. Is this going to push me into EB-3 category? I've got a little scared and don't want that to happen since the waiting period for obtaining the green card through EB-3 category is around four years now. (According to December '06 visa bulletin) I appreciate any information or personal experience.
Click to expand...
 
No, that's not true at all, and whoever told you that is on drugs. The advertizements, job bank, prevailing wage, recruitment--EVERYTHING--needs to state the job requirements of a Master's or Bachelor's with X years of experience.


psv007 said:
I read in this PERM forum that the actual requirements can be deferred until it is time to file the petition online. Is it true? If so, then the fact that you didn't mention MS shouldn't be a problem (unless you already specified BS as a requirement in the ad) and it can be mentioned in the actual petition when filing.

Attorneys/paralegals please clarify. Thanks.
Click to expand...
 
Hi BB, this I saw on the thread titled "Need Help About Advertising" and confirmed by Daniela and ImmigraBoy.

Also, I just this in PERM FAQ 1 in Advertisement content section. Of course, this may certainly invoke a large number of applicants, the recruitment report has to address all "minimally qualified" candidates.

st4rguitar said:
No, that's not true at all, and whoever told you that is on drugs. The advertizements, job bank, prevailing wage, recruitment--EVERYTHING--needs to state the job requirements of a Master's or Bachelor's with X years of experience.
Click to expand...
 
No I never said that you don't have to specify job requirements in the job ad. I said they don't have to be very specific or they'll raise a flag. Please see my post in the other thread.
 
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