Perm Eb-2

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msh626

Registered Users (C)
Hi,
I have been lurking on these forums for a while and am planning to start my GC process soon. By reading up various topics I know a little bit about how this works.

I work in MD. Mine would be quite a typical case since I am a Software Engineer with a M.S. in Computer Science working on H-1B. This is my first full-time job. I would like to file in EB-2 - if possible.

From what I have read about PERM, EB-2 is bound to create issues. Denial, Business Necessity, Audit etc. Most want to avoid EB-3 due to retrogression - June 1 2002. Yes, I am from a country that is one of the four.

Today I spoke to my lawyer for the very first time. We spoke about the process and when I asked him about the possibility of filing in EB-2 he said that was what he intended. What bothered/surprised me was that he told me in my case he is hopeful of filing in EB-2 and that too *without* business necessity.

My wage is quite low :( It is about 60% of the prevailing wage for a job of my position. My job requires M.S. or B.S + 5.

Caveat(?): My lawyer suggested to change the Job title from SE to DBA. He says DBA pay is lower. He said it will not be a problem since GC is for future employment. He also mentioned that my salary should be the prevailing wage _after_ I get the GC and not now. I am a little confused on this. I have read differing opinions on this.

He also mentioned that the current denials are due to glitches in the DOL software and hoped that things would sort themselves out, else everybody is going to be in the same boat and all are going to get screwed. He explicitly mentioned that he did not know of a SINGLE approval thru PERM. We probably all know that. He did not have kind words for the DOL.

My question is:
If I change my job title, can there be trouble in the future? Say during the I-140 or the I-485 stage.

Thanks,
-msh626
 
I think the title does not matter as long as the job duties stay the same. But u have to meet 100% of the prevailing wage NOW for DBA if not denial is imminent.
And you can't file in EB-2 without showing business necessity. because dba is job zone 4, which means only a BS is required to do the job per DOL.
 
wage level, job zone clarification

Thanks for the reply.

Questions are preceded in the next note by a '*'

* I may have been wrong in saying that my wage is 60% of the prevailing wage(PW). Isn't the PW determined by the SWA depending on the job level assigned by the SWA when we ask for a PWD?

I went to this site: http://www.flcdatacenter.com/
Searched for the Job title in MD in my county and it gives me something like:

OES/SOC Title: Computer software engineers, applications
Level 1 Wage: $23.93 hour - $49,774 year
Level 2 Wage: $30.08 hour - $62,566 year
Level 3 Wage: $36.22 hour - $75,338 year
Level 4 Wage: $42.37 hour - $88,130 year

* So depending on what level the MD SWA assigns, my wage must be 100% or more. Is that right?

So one can conclude that no matter what the PW, one's wages must be >= the PW. This is what I understand and feel free to correct me if I am mistaken.

--
Also, this job title has a Job Zone 4, and an SVP < 8.0.

* What criteria is used to determine if one can file in EB-2?
Is it Job Zone 5 AND SVP > 8.
(I am assuming that one's wages must match the PW, no matter what category onw files in EB-2, EB-3 etc.)

* Can someone confirm if the above criteria would enable an applicant to file in EB-2 without a business necessity?

* So for those who are Software Engineers and are aiming/hoping to file in EB-2 and the job zone is 4, and SVP < 8.0 we are left with no alternative but to prove business necessity which brings with it audit/denial risk. Correct?

Thanks,
-msh626
 
* Can someone confirm if the above criteria would enable an applicant to file in EB-2 without a business necessity?
YOU CAN'T FILE EB-2 WITHOUT BIZ NECESSITY

So for those who are Software Engineers and are aiming/hoping to file in EB-2 and the job zone is 4, and SVP < 8.0 we are left with no alternative but to prove business necessity which brings with it audit/denial risk. Correct?
YES

* What criteria is used to determine if one can file in EB-2?
Is it Job Zone 5 AND SVP > 8.
(I am assuming that one's wages must match the PW, no matter what category onw files in EB-2, EB-3 etc.)
YES

* So depending on what level the MD SWA assigns, my wage must be 100% or more. Is that right?
YES

that's why your lawyer wants u to be DBA, so u can meet 100% of PW. if u dont meet it, automatic denial dude.
 
wage level determining category?

Thanks again wildscenebob. I appreciate your replies.

Now assuming the SWA assigns Level 1 wage to me. ( That is the closest to my current wage), I would at least satisfy the first criteria of meeting the PW.
Then, in order to push my application thru with EB-2 I would try to prove business necessity.

Now I hope that there is no such criteria that one's wages must be Level 3 or 4 to qualify in EB-2. If there is, I am screwed. There is too much wage discrepancy and there is no way my company will increase my salary. They would rather let me go :-(

As an aside, my lawyer mentioned that business necessity will be needed for jobs requiring qualifications in CS and other fields like Biology for someone doing a job in Bioinformatics. I did not agree with him, but I let him have it his way since surely he knows more than me. I personally feel that Business necessity will be needed. I was very very surprised by his candor.

I will talk to my lawyer again. He did mention that my wage is low :-( but said it to leave it to him and that I would somehow match the PWD from the SWA.

Thanks and if anyone has a different take on this, it would be great to know.

Thanks,
-msh626
 
I am not sure if there is criteria that one's wages must be Level 3 or 4 to qualify in EB-2.

There is a way your lawyer can match the PWD from the SWA - it's called alternative wage survey. Go to murthy.com and look that up. basically ur employer will need to submit a wage survey to the SWA ..etc.etc. probably google will also pull up how to do it. the wage survey needs to match certain criteria to be accepted by the swa.

i am in a similar boat as you. so keep me posted on what ur lawyer says.
 
wage survey

Hi,
What I am planning to do is first see which level (1,2,3,4), I get assigned in the PWD. I am going to send an email to my lawyer and we will decide whether DBA or SE, Applications is better. My preference is SE.

In any case, if they assign level 3 or level 4 then I am in trouble. My company will not increase my wages. (Very poor pay-masters, except for Management of course ). So in that case, in the *worst* case it is quite conceivable that I will have to consider leaving my current position too!

I guess it will all depend on what level I get assigned. Their(DOL) wage levels are impractical. Very few (lucky ones) get paid that much in this economy.

Again, we will try alternate wage survey as you have noted. I was not aware of that. Thanks! Will talk to my lawyer and keep that ready in case the SWA assigns a level I cannot match. I will Google it but if you know some reliable links do post in this forum.

Thanks again,
-msh626
 
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