No EB2 for Computer Systems analyst with TN

H

hughk

Registered Users (C)
I am working for a State government. I have been with TN for the last 3 years. I recently renewed my TN for another 3 years (I've got it in less than 2months by mailing). Now it is time for GC. I talked with my mangement and they said O.K but the only problem, under the current economic situation, is that I have to pay for it. (But I realized "By law the employer must pay the first portion which is the attorney’s fees and advertisement costs". I need to discuss this with my management. This would be tough) I was going to apply for EB2 because my TN letter to USCIS says:
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The classification requires a Bachelor’s degree in computer science courses and at least five years of systems analysis, consultative, administrative, or supervisory experience in information technology analysis, system maintenance, or troubleshooting/problem resolution experience. This position is designated by management as the highest technical specialist
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I contacted one of famous(?) immigration lawyer. However she said

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Most positions are not EB-2 eligible for computer related positions.
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My question is:

Is anyone there who got GC under EB2 for CSA?

I have BSC degree and 25 years experience in CSA field.
 
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EB2 is masters or BS plus 5-7 years (the number varies depending on whom you speak to). This is what has to be put in the PERM.

Btw, your TN letter having the job pre-requisites in it is meaningless, as the TN letter shouldn't list the job requirements, it should only list job function, and request that they give you a TN. You must show your minimum quals (which is a Bach, and no more). CIS figures the company has determined that you are qualified for the job. They only wnat to know if the job and you qualify for TN.
 
I have contacted other immigration lawyer to ask about EB-2 for CSA. He also replied the followings:

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unfortunately most DOL positions for computer related positions have been recategorized so that there are no E B-2 technolgy position
As you are not in a managerial position you would not be EB-2 eligible.
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If I am in a managerial position, I may not get TN. I have to get H1-B.

At this point, I am not sure of whether or not I have to go for FC considering it may take more than 5 ~ 7 years to get it and my employer is now reluctant to sponser me.

Any comments please.
 
I would ask for the h1 as a compromise and try to get into management. EB3 is really a non-starter for you right now.
 
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