EB2 filing criteria

[Priyanka03]

I have , B.E. in Computer Science and MBA from India with MS in computer science  from USA.

My total work experience is of 3.5 years after B.E. in CS and 1.5 years with current employer. (Total 5 years with two master degrees')

I joined my current employer one month before getting my MS degree. And since I joined them one month before  getting my  Master's degree, they are filing my GC in EB3.  

Does that mean my MBA degree and MS - CS cannot be considered for EB2 ?

[pontevecchio]

What is the job requirement?

[Priyanka03]

5 year  Work Experience with Bachelor's degree or 3 year work experience with Master's degree in CS or IT or slimier major.

[pontevecchio]

Usually Masters plus 3 equates to Bachelor's plus 8 on the basis that Masters equates to Bachelor's plus five. This seems to be the common approach. Secondly experience with the GC Sponsor cannot usually be considered. If you find another employer with a job requirement of Bachelor's plus five years experience or Masters as a basic requirement you would qualify for EB2.

[JoeF]

The main consideration is the job requirement. You could have a PhD, of the job only requires a bachelor degree, the case would still be in EB3.

In your case, because you didn't have 5 years progressive experience in the field (assuming the field is CS) after getting the bachelor, the job obviously doesn't require a Master's degree (you didn't have that when you got hired.) Hence, the GC can only be in EB3.

[giri26]

On 13/05/2017 at 6:32 AM, JoeF said:

The main consideration is the job requirement. You could have a PhD, of the job only requires a bachelor degree, the case would still be in EB3.

In your case, because you didn't have 5 years progressive experience in the field (assuming the field is CS) after getting the bachelor, the job obviously doesn't require a Master's degree (you didn't have that when you got hired.) Hence, the GC can only be in EB3.

This almost never happens JoeF. Most of the consulting firms tweak the job profile and get people into EB2 category. I know it first hand as I have seen people who applied for EB2 when I was working and the job did not need masters degree. The supposed advantage of working for a smaller company who can project their employee role as anything they want and it does not even need to match what the person is doing at the client place. I worked for a big organisation, followed all the rules, Studied in a good college, waited patiently for 10 years and finally gave up and resigned my job and left USA for good.