PERM questions

H

hsm74

Registered Users (C)
HI ALL

I am new to PERM so had few questions.

I am in the process of applying in PERM. Since I have a masters degree I would like to apply in EB2 as I have MS +5. But my attorney is saying that for me to get perm eb2 approval, we have to show MS as minimum requirement and BS+5 alone will not suffice. He is saying that if we specify an alternate education and exp as BS+5 as minimum in 9089 draft, then at I140 state chances are that USCIS will put the application under Eb3 instead of EB2. I dont get it. He is listing MS as a requirement but also specifying an alternate education and exp to increase the chances of getting PERM approval. But at the same time he is saying that if we list just MS then PERM denial chances are high. he is saying the mention of alternate edu+exp in 9089 as BS+5 increases app to be put in Eb3 but at the same time decreases chances of PERM denial as I have already started my 6th year. So getting a denial after 2-3 months will put me at risk of not able to extend H1.

I have been told by my attorney that PERM denials have been coming if the requirement is just MS. But having the language in 9089 that BS+5 as alternate is more appropriate but can be used by USCIS to put in EB3 instead of EB2.

Any recent experiences will help
 
my thoughts

I think ur lawyer has valid point. If u have MS you have to mention alternate education to put forth what if person with Master's
degree is not available. At the same you can also just have Master's to be your sole requirement but in that case you need
to give business case why Masters' degree is must to perform your duties. As long as you can prove Master's degree is must
to do what work you do you can go with only Master's and EB-2 other wise you have to alternate education and still go for EB-2
with risk of getting it scaled down by USCIS to EB-3

BTW - EB identification is done in I-140 process, however the way job is advertisied in Labor process is also impt.

Hope it helps
 
I don't understand why your attorney says "MS or BS+5 yrs" is a winning combination for PERM approval but is likely to be scaled down to EB3 by USCIS when you apply for your I140? I guess if it is "BS+less than 5yrs" that could result in USCIS degrading your application to EB3. Any recent experiences?
 
PERM EB2 MS OR BS+5 language

Thanks for all replies.

I dont understand why a PERM with a requirement of MS+3 OR BS+5 be scaled down at I-140 stage to EB3 when if you look at I140 petition it does mention that for EB2 either masters is necessary or BS+5 is necessary. So why would USCIS scale it down to EB3.

I asked lawyer why they cant just write MS as a minimum requirement so they told me that there are more PERM denials if we just mention MS without the language of BS+5. And in my case they say if they come back after two months with a denial I would be in a bad situation as I have already started my sixth year. So to increase my chances they want to include that langauge BUT also say that my app may be(not necessarily) be scaled down to EB3 by USCIS.

This is really confusing as to why USCIS would do this when they themselves allow EB2 to be categorized as MS or BS+5
 
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