Eligibility for EB2 Vs EB3 category for Green Card

[mail2nikhil]

Hi, 

  

I wanted to know if I am eligible for EB2 or EB3 category for Green Card Processing based on below details: 

 

My Personal Details: 

- Current Status is H1B 

- Have 10 Years of experience in Technology X

- Have Masters Degree in Computers 

 

Basic Educational Qualifications required by my Job: 

- Bachelors Degree or military experience

- At least 5 Years experience in Application Design and Development

- At least 2 Years (out of 5 Yrs) of experience implementing Technology X

 

Somewhere I read that only if the Job requires a Master degree and the person possess that degree (or Bachelor + 5 Yr Exp) then only he/she is eligible for EB2. Please let me know if based on above details reagdring my personal credentials and Job requirement, do I qualify for EB2 Category or EB3 Category?

[rahul412]

You are eligible for EB2.

Coming to the job eligibility, requirement should be either master's degree or BS+5 yrs exp.

[pontevecchio]

In this case it possibly means Masters plus 3 or Bachelors plus five as the minimum job requirement. If so you have a shot at EB2.

[JoeF]

The minimum requirements are a bachelor, hence the case would be in EB3.

[mail2nikhil]

Thanks for the replies. what is confusing me is the statement written on USCIS Site which says as follows: 

 

Eligibility for EB2

Sub-Categories Description Advanced Degree The job you apply for must require an advanced degree and you must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field).

 

Per this statement it seems the Job Requirement must include Master's as a Job Requirement and the person shall either have Master's or baccalaureate + % Yrs of Exp. 

Is my interpretation of above Description on USCIS Site of Advance Degree correct or not? If it is correct then it means since The Basic Qualification required by my job only requires Bachelor so I may have some issues getting EB2. 

Please suggest. 

[pontevecchio]

The minimum job requirements as stated by the Op are Bachelor's PLUS 5 years experience and not merely Bachelors.

[JoeF]

The minimum job requirements as stated by the Op are Bachelor's PLUS 5 years experience and not merely Bachelors.

 

No. The minimum job requirements are not even a bachelor: "Bachelors Degree or military experience"

And the experience doesn't say post-baccalaureate.

This case would be EB3.

[pontevecchio]

He does mention 5 years experience in application design etc. along with the Bachelor's Degree. That Military experience is due to being lost in translation ashe is not looking for a job as a security guard.

[mail2nikhil]

Regarding Military Exp, it seems its just the nomenclature they follow and shall not be given much relevance.. 

 

If we exclude that part (Military Exp) does this job qualify for EB2? 

[JoeF]

He does mention 5 years experience in application design etc. along with the Bachelor's Degree. That Military experience is due to being lost in translation ashe is not looking for a job as a security guard.

 

There is more to military experience than weapons training. I've known people who got electronics training, etc. during their military time.

As the description is written, it would be EB3, since the minimum requirement is below a bachelor.

[JoeF]

Regarding Military Exp, it seems its just the nomenclature they follow and shall not be given much relevance.. 

 

If we exclude that part (Military Exp) does this job qualify for EB2? 

 

The company can't just tailor the job description for you.