Not EB2? BS+5yr or Masters + 3 yr

K

kgp

Registered Users (C)
Following is the REquirement given in my Labor ETA Form (approved recently), can you think of a solid reason why this is not a EB2 case? my attorney says it is EB3

Bachelor’s Degree (or equivalent) in Computer related field (e.g. Computer Science, MIS, IS, Engineering, Math, or Physics) plus 5 Years progressively more responsible experience developing IT solutions.
OR
Master’s degree (or equivalent) in listed or related field plus three years experience developing IT solutions.
 
Can you please tell me who decides whether it is EB2 or Eb3? My case is the same - requirements say Bachelor's with 5 years experience or Masters with 3 or 4 years experience. I have Masters with 4 years experience. Will it be EB2?
 
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