Question on EB Category.....

G

GC Quick

Registered Users (C)
I just got my LC approved. In there, it stated that the job needs a minimum of 4 year Bachelor degree and 2 years experience.

Now, I have a master degree in related field(actually, in direct field). When I file I-140, which category I should choose?? A member of the professions holding an advance degree (EB2) or A professional (EB3).

Thanks....
 
It really does notmatter what degree do you have and experience do u posses

It all depends on the job title and the work as specified in Form 750 filed / completed at the time of Labor Certification.

If yourjob title requires that you (that job position) should have BS + 5 Years exp or MS , then only you can use EB2 category otherwise its EB3.

BTW, the salary that you get should match with the appropriate figure as specified by Labor Department in your region.
 
Thank you..... What if....

my lawyer put me into EB2 instead of EB3. How can I correct that?? Can my lawyer call NSC?? I think mine should be EB 3. And yes, my salary match the prevailing wage. Thanks again....
 
Your attorney may be able to correct it with a phone call or a letter but

lately the service centers have been more likely to reguire a refiling. It can\'t hurt to give it a try though.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
To Jim or other experts ?

I140 is applied in EB2 ( 4 year degree with 5 years of progressive experience). If the officer is not convinced with the experience, can it be approved as EB3 ?
 
Good question

I\'ve never seen this happen but I have heard of it on this board. The only way this would make sense would be if INS did not believe that the experience was progressive but all other terms were met.

Having never handled a case where this happened, I can\'t say for certain.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
 
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