Salary Restriction for EB2 ?

[bharghava]

HI Gusys,

My company is filing for GC and they were doing under EB3. MY friends told me since i have an MS degree in US i can file in EB2.
I talke dto my employer and he said for EB2 you will have to have a salary of 90 to 100K to satisfy the requirement.
Is this true? he say he is not willing to pay me that much.
is there a restriction as far as salary is concerned for EB2? or salary in 70s sufficient?

thanka for your help in advance.

 

[nkm-oct23]

There is no minimum required salary to file under EB2. In order to file under EB2, the MINIMUM requirement for the job MUST be a master's degree OR Bachelor's degree plus at least 5 years of progressive experience and you must meet these requirements. Just by having a masters degree does not make you qualified for EB2; the job should also require it.

 

[PhillyKP]

HI Gusys,

is there a restriction as far as salary is concerned for EB2? or salary in 70s sufficient?

To build upon the previous post - salary has to match or exceed the prevailing wages for the occupation in the LC for any EB category.

 

[antonioa77]

To build upon the previous post - salary has to match or exceed the prevailing wages for the occupation in the LC for any EB category.

i filed under rir 1 yr ago and still pending at the state level. in my LC, it says a master degree without experience is needed. according to the rir system for prevailing wadge, there is two levels as u know: 1 is with the low salary and 2 for the high one. my actual salary is slightly above the level 1. am I fine to get to Eb-2 with such a salary? if not where my salary should stand?for example,let's say level one salary is 52000 mine is 53000 and level 2 is 70000.

 

[antonioa77]

i filed under rir 1 yr ago and still pending at the state level. in my LC, it says a master degree without experience is needed. according to the rir system for prevailing wadge, there is two levels as u know: 1 is with the low salary and 2 for the high one. my actual salary is slightly above the level 1. am I fine to get to Eb-2 with such a salary? if not where my salary should stand?for example,let's say level one salary is 52000 mine is 53000 and level 2 is 70000.

somebody can answer my foloowing question stated above?

 

[pani_6]

AS far as in I know....

AS far as in I know....there is salary caps for eb2.... in the high 80's.....

 

[eppo_varum_enGC]

HI Gusys,

My company is filing for GC and they were doing under EB3. MY friends told me since i have an MS degree in US i can file in EB2.
I talke dto my employer and he said for EB2 you will have to have a salary of 90 to 100K to satisfy the requirement.
Is this true? he say he is not willing to pay me that much.
is there a restriction as far as salary is concerned for EB2? or salary in 70s sufficient?

thanka for your help in advance.

Your employer may be right. The issue is, if your employer requires MS or BS+5 years experience for your postion, the SWA thinks that the position is senior level(unless minimum MS required for entry level postion in your occupation - like surgens). Accordingly SWA determines the PW. Usually the PW for senior level postion was level 2. There were vast difference between level 1 and level 2 salary. Some employer may not able to pay very high (level2) salary, though employee may have MS or BS+5 yrs experience.

Now the newly introduced 4 salary levels, may help employer/employee.

 

[eppo_varum_enGC]

somebody can answer my foloowing question stated above?

It is depend on what SWA determined PW for your (EB2) position. Check your ETA 750A and PWD form. If the salary mentioned in your ETA750A is atleast 95% of PW, then you are ok.

 

[antonioa77]

in my case,the PW for level 1 in my state says 52000 minie is 53000 and level 2 is 69000. so would i qualify for EB-2 with a MS with no experience required for the position in the ETA 750 A? my whole question is where should be my salary:
A- at least above PW level 1
B- at least above PW level 2
C- in between level 1 and 2 like midway or where?

 

[eppo_varum_enGC]

in my case,the PW for level 1 in my state says 52000 minie is 53000 and level 2 is 69000. so would i qualify for EB-2 with a MS with no experience required for the position in the ETA 750 A? my whole question is where should be my salary:
A- at least above PW level 1
B- at least above PW level 2
C- in between level 1 and 2 like midway or where?

It could be A or B or C. It depends on how SWA determined your PW when your attorney requested it. Usually EB2 requires level 2 salary. However it is not always the case. If MS is a minimum requirement for the entry level position in your occupation, then it could be A. So, It depends on the occupation, location. Furthermore, each SWA may have different policy in determining PW . In my case (EB2) my lawyer advised my employer to pay 96% of level 2 salary when I get my green card.

If you have serious doubt, check your ETA750A & PWD forms or talk to your attorney. Since it is a exact value determined by SWA, you may not get correct answer in the forum.

 

[antonioa77]

It could be A or B or C. It depends on how SWA determined your PW when your attorney requested it. Usually EB2 requires level 2 salary. However it is not always the case. If MS is a minimum requirement for the entry level position in your occupation, then it could be A. So, It depends on the occupation, location. Furthermore, each SWA may have different policy in determining PW . In my case (EB2) my lawyer advised my employer to pay 96% of level 2 salary when I get my green card.

If you have serious doubt, check your ETA750A & PWD forms or talk to your attorney. Since it is a exact value determined by SWA, you may not get correct answer in the forum.

so in order for u to get a level 2 salary i expect that ur 750 form asks for more than just an MS without experience? what was stated there as a requirement and what was ur job (senior junior or what)?

 

[ufshvb]

SALARY to meet for EB2

Hello all,
I have a BS and MS from USA with 4 years of full time experience before I joined my current employer. I am making 67k per anum at this moment.
The prevailing wage for MS+1 is 69k and for BS+5 its 78k in my zip code. These results are provided by DOL. My attorney thinks that I have to meet both the pay scales in order to qualify for EB2 categoy. The employer obviously will never be ready to give me a bump based on the fact that i am underpaid as compared to my peers nor the fact that they did not use the right job requirement with MS minimum on time of my H1 transfer.
My manager is ready to give me a letter of support for 69k once my GC is completed but not for 78k.

My question is: If y job requirement is "MS+1 yr or BS+5 yr as minimum" and I am meeting MS+1 yr part of it then why should I be meeting BS+5 yr salary. It just does not make any sense. Who will pay a guy with MS a salary equal to BS+5 yrs?

please help me with directions. The lawyers from this legal company have kept me in dark and are not open about what they are doing. I asked questions, they say that candidates should be a part of this process.

 

[st4rguitar]

HI Gusys,

My company is filing for GC and they were doing under EB3. MY friends told me since i have an MS degree in US i can file in EB2.
I talke dto my employer and he said for EB2 you will have to have a salary of 90 to 100K to satisfy the requirement.
Is this true? he say he is not willing to pay me that much.
is there a restriction as far as salary is concerned for EB2? or salary in 70s sufficient?

thanka for your help in advance.

Just because you have a master's degree doesn't mean you qualify for EB2. Keep in mind that the PERM petition is based on a POSITION and the requirements of that position; it is not based on the person for whom it is being applied.

The required salary for EB2 will depend on the state and the SOC/OES code that is designated by the State Workforce Agency in the Prevailing Wage Determination. In order to pursue the case, the company must be willing to pay you the prevailing wage at the time your GC is received.

 

[st4rguitar]

i filed under rir 1 yr ago and still pending at the state level. in my LC, it says a master degree without experience is needed. according to the rir system for prevailing wadge, there is two levels as u know: 1 is with the low salary and 2 for the high one. my actual salary is slightly above the level 1. am I fine to get to Eb-2 with such a salary? if not where my salary should stand?for example,let's say level one salary is 52000 mine is 53000 and level 2 is 70000.

You did not file under RIR if you filed a year ago. RIR was abolished in March 2005, so I assume that you mean you filed a PERM petition.
If the position requires a Master's degree, yes, that means it is designated as an EB2 position.
The employer is only required to pay you the prevailing wage salary upon receipt of your Green Card. However, if your salary is significantly less than the prevailing wage, it may trigger an RFE at the I-140 level.

 

[st4rguitar]

Hello all,
I have a BS and MS from USA with 4 years of full time experience before I joined my current employer. I am making 67k per anum at this moment.
The prevailing wage for MS+1 is 69k and for BS+5 its 78k in my zip code. These results are provided by DOL. My attorney thinks that I have to meet both the pay scales in order to qualify for EB2 categoy. The employer obviously will never be ready to give me a bump based on the fact that i am underpaid as compared to my peers nor the fact that they did not use the right job requirement with MS minimum on time of my H1 transfer.
My manager is ready to give me a letter of support for 69k once my GC is completed but not for 78k.

My question is: If y job requirement is "MS+1 yr or BS+5 yr as minimum" and I am meeting MS+1 yr part of it then why should I be meeting BS+5 yr salary. It just does not make any sense. Who will pay a guy with MS a salary equal to BS+5 yrs?

please help me with directions. The lawyers from this legal company have kept me in dark and are not open about what they are doing. I asked questions, they say that candidates should be a part of this process.

The attorneys are correct in that these are legal questions that should be designated by them with their legal expertise, education, and experience. They are also correct in that you should NOT be involved in that process, as by law, the DOL believes that any alien involvement hampers the good faith effort required by them to proceed with a petition. If they discover you were involved whatsoever, they will deny the case, and they can audit records for up to 5 years.

There is not a lot you can do if your employer is unwilling to pay you the salary at the end of the GC process. Remember -- the requirements for the position are not based on YOU but the POSITION that is being offered.