Perm EB2 vs EB3

needgcnow722

New Member
hi,

I am a sr. software engineer. my current company wants to file my GC but they are saying that they want to put MS + 0 as minimum requirement for this position. I have a BS + 6.5 yrs of exp prior to this current job. Do I automatically qualify for this positon? Is there a chance of audit in this case if the job description did not mention the alternative requirement being BS + 5 yrs exp? Also once is perm is approved based on MS + 0 as min. requirement, would I be falling in EB2 category or will it still be EB3 category? The problem is they do not want to mention BS + 5 as min requirement because they are saying that if you say exp years as 5 then it would surely trigger an audit, which I am not sure about. Is this true?

Can someone please reply to these questions?

Thanks
 
Whether it is filed as MS+0 or B+5 it will likely trigger and audit b/c EB2 Software Engineer is not recognized as a EB2 position by the Department of Labor (the only EB2 position the DOL recognizes as potentially requiring a Master's is a CIS Manager.)
 
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