Perm EB2 or EB3 filing on L1B with more than 5 years of work experience

[aryan440]

I am on an L1B visa with 6+ years of experience. My green card process has been initiated and attorney is saying that I am not qualified for EB2 category since I have less than 60 months of experience. Can anyone help me understand teh criteria for EB2 or EB3 category-

Company 1 

official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.

[JoeF]

The job requirements determine the category.

You could have a PhD, if the job only requires a bachelor degree, it would still be EB3.

Also, experience with the current employer usually doesn't count.

[srajal]

Comment made by JoeF is absolutely right.