software positions must be EB-3?

L

lcok2005

Registered Users (C)
My attorney told me that "software positions will be eb-3 under PERM, unless business necessity. "

Does anyone know more?

thanks,
 
Hi Gurus/moderators/attorneys please clarify this. Is it true that all software positions qualify for ony EB3 not EB2 ? My friends attorney told him that this is true? If this is the case all the IT guys are screwed big time ...... :eek: :( :mad:
 
dsrfun said:
Hi Gurus/moderators/attorneys please clarify this. Is it true that all software positions qualify for ony EB3 not EB2 ? My friends attorney told him that this is true? If this is the case all the IT guys are screwed big time ...... :eek: :( :mad:
Click to expand...

r u just talking about perm application or also the rir and traditional waiting still. will those3 changes be applicable to the those people too?
 
According to my lawyer, all software positions and engineer positions go to EB3, unless business necessity.

Check on the PERM rule document rule itseld, it has a list of all occulations and a code for each occupation. All software and engineer position have a code of 5, which meann minimum requirement can only be "bachelors".

Do some research on your own.
 
Re:

Can you provide the link for "All software and engineer position have a code of 5"

allaboutgc said:
According to my lawyer, all software positions and engineer positions go to EB3, unless business necessity.

Check on the PERM rule document rule itseld, it has a list of all occulations and a code for each occupation. All software and engineer position have a code of 5, which meann minimum requirement can only be "bachelors".

Do some research on your own.
Click to expand...
 
Here is the link that has all the positions listed. Check pages 53 to 63

http://www.nacua.org/documents/aliensfinal.pdf

This is what my rough guess is..... generally we have two categories like Software Developers & Sr. Software Developer, Software Analyst & Sr. Software Analyst etc. and so one for most of the positions. Accounrding to the current RIR and NON-RIR I guess all non Senior positions qualify for EB-3 and most of the senior positions qualify for EB-2. But the above list does not have any thing like that. I guess it may not be a complete list or if it is, then do we have to select only from this list of the occupation codes?

THIS IS A VERY SERIOUS ISSUE FOR LOT OF IT GUYS.... :( I HOPE ATTORNEYS WILL COMMENT ON THIS ISSUE
 
From this list, for computer software/hardware, you can be EB-2 only if you are computer stuff managers. Too bad

dsrfun said:
Here is the link that has all the positions listed. Check pages 53 to 63

http://www.nacua.org/documents/aliensfinal.pdf

This is what my rough guess is..... generally we have two categories like Software Developers & Sr. Software Developer, Software Analyst & Sr. Software Analyst etc. and so one for most of the positions. Accounrding to the current RIR and NON-RIR I guess all non Senior positions qualify for EB-3 and most of the senior positions qualify for EB-2. But the above list does not have any thing like that. I guess it may not be a complete list or if it is, then do we have to select only from this list of the occupation codes?

THIS IS A VERY SERIOUS ISSUE FOR LOT OF IT GUYS.... :( I HOPE ATTORNEYS WILL COMMENT ON THIS ISSUE
Click to expand...
 
So is EB3 or 2 or 1 going to detemined by..

only your code category or the BS + 5 and MS +1 rule still applies
 
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