st4rguitar and Others please in: EB2 BAsc/Master + 5

[perm_EB2_2008]

I read the forum for a long time and notice that st4rguitar did a lot of answers for the readers. I have a questions about EB2 PERM for help.

My position is senior project engineer (mechanical engineering), and my salary is around 90K. My company promised to process with the EB2 PERM. The official job description is Bachelor or Master with 5-10 years experience. But the lawyer said that the minimum requirement has to be MASTER to qualify for the EB2. Somebody told me that the AD and job description can be Bachelor or Master with 5-10. When filing for PERM, go MASTER directly. Otherwise, it is very hard to convince DOL to approve with MASTER only. Please give me some advice on that. I am anxiously waiting for your response. Thanks.

 

[whitemimauz3]

perm_EB2_2008
Most software occupation jobs falls under job zone 4 with an svp range of 7-8, meaning these occupations could ask for bachelors plus 2 years maximum (EB3) OR masters plus 0 (EB2), any requirements beyond this is automatically triggering audits, company has to provide compelling reason to satisfy business necessity if job & experience requirements are beyond this. The only software occupation that has an svp range greater than 8 is computer and information systems manager, for which minimum requirement could be masters

 

[perm_EB2_2008]

Thank whitemimauz3.

But my occupation is engineer not software. The rule is also appliable to my case?

 

[whitemimauz3]

All engineering branches are categorized same like software occupations, for more info go to http://online.onetcenter.org/, punch in your occupation, see what it comes up with

 

[unsure]

My husband is electrical engineer (no project management duties). The ad that ran was MSc in EE or Comp Science and 4 years of experience. No alternative requirements. PERM approved in Chicago, 140 stuck in Nebraska.

A colleague of his had his PERM as MSc in EE with 2 years. Also no alternative requirements.

Hope this helps

 

[st4rguitar]

If you're going to file under EB2, your employer must be ready to provide a letter of business necessity stating the reasons why your position, though nor normally requiring a Master's degree according to DOL standards, does require the same because of the needs of the company, etc. The ad should state the position requirements of a Master's plus 1 (to 3) yrs of experience. The only time different degrees should be stated is if there are alternative requirements, or if the ad is advertizing for multiple positions and some require a Master's and some a Bachelor's.