MS 2-1/2 yrs. exp but job desc requires B.S

S

saka

New Member
Hi all,

I am in a fix and need some advice. I have a M.S. degree and 2-1/2 years of experience at a company A. I moved to company B in May and I am now starting my PERM application with this company. My current position's job description on the companies website says that the requirement is "BS or equivalent work experience".
I am concerned that I cannot apply in EB2 because of this description and will have to apply in EB3 which I don't feel like doing!
My lawyer said that I can readvertise the position by changing the description a little and also say it requires a M.S. degree. Do you think this will work? Also, there are people with B.S. in the same position.

Any advice is helpful!
 
HI Saka
EB2= Master degree or BS with 5 years of experience while EB3=BS with a year probably of experience. Having said that, only if a job requires that skill it will be considered as EB2. Just because you have a master's degree but the job doesn't need that you can't apply for it as EB2. Having said that , you could ask the lawyer to probably add some very technical stuff and make it require EB2. Check with a lawyer, but be ready to convince INS if any RFE comes on the issues related to EB2. Also at the I-140 stage the company should show proof that it has the ability to pay the EB2 wage which would be generally high though it doesn't have to pay you right now.
 
Even we had the idea of tweaking the job description so that it says that it requires a M.S. and that the responsibilities look technical. We can always make it look on paper like it's an EB2 job by doing so. But what are the implications ?

I don't think there is a problem wage wise, we've checked and the salary is good enough for EB2.

Can USCIS come to know that the job description was changed and that it had a B.S. requirement before and has an M.S requirement now? Becaues right now my company website says B.S. required for that job.

Another thing is if there are others under the same "job title" who have a B.S. then it's going to make it difficult to justify how an MS is required..right?
 
saka said:
Even we had the idea of tweaking the job description so that it says that it requires a M.S. and that the responsibilities look technical. We can always make it look on paper like it's an EB2 job by doing so. But what are the implications ?

I don't think there is a problem wage wise, we've checked and the salary is good enough for EB2.

Can USCIS come to know that the job description was changed and that it had a B.S. requirement before and has an M.S requirement now? Becaues right now my company website says B.S. required for that job.

Another thing is if there are others under the same "job title" who have a B.S. then it's going to make it difficult to justify how an MS is required..right?
Click to expand...

It just sees how luck you are. If the RFE comes asking about that, your manager must have a good explaination. If not, you are good to go.
Like my case, the manager does not put MS as requirement since some members of our group were submitted the same job and had BS as their requirement and also company website indicated BS requirement only.
However, I got 8 year exp so it does not mather of MS+5 or BS+5.

For your case, if you want to use MS requirement, you must ask your manager to come up with some explaination to answer for that question :)
 
What kind of clarification does the RFE usually ask for?

The job pay will not be a problem since I am above the minimum required and should be easily more than the EB2 requirement.

What happens if I get an RFE and the USCIS is not satisified by my explanation? Do I need to restart the process again?
 
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