USCIS stand on EB2

Gc_puli

Registered Users (C)
My LC says, the requirement for my position is BS in Engineering and 6 years releated experience in my field. (I have BS with 10 years of experience in my field before filing LC). My lawyer says, USCIS may treat my case as a EB3 class. He says one has to "argue " to CIS that my case is fit for EB2 (because I do not have masters). He says the decision is upto USCIS to consider my case for EB2.

Is that correct?. The determination of EB2 or EB3 is upto USCIS officer, even if the position requires BS in engineering with 6 years of experience ? Is it not the rule?

I read in so many places the requirement for EB2 class. EB2 requires Masters or BS with 5 years of exp.

It concerns me because the unavailabilty of visa number for EB3 petitions in future.
 
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