EB2 or EB 3

[srujanarao]

Hi,

I graduated with a Masters degree in 2009 december. And i started working in october 2010 with a consulting firm until sept 2011. And since sept 2011 i have been working with a new consulting firm and i am still with them.

 

 I plan to start my GC process now, and i only have one experience letter from my previous employer for 1 year. My present employer who is filing my GC says he cannot do EB 2 for me.

 

Can anyone please tell me if i am eligible for eb2 or eb3?

 

And if i am not eligible for eb2, may i know the reason why?

 

Thanks a lot.

[rahul412]

EB category is decided  by the GC job requirements. Without knowing that no one can answer your question..

[Attorney_21]

srujanarao:

 

You haven't provided enough information. Normally, a Master's Degree in a relevant field from a U.S. University would make you (personally) eligible for an EB2 filing, but the offered job must ALSO require a Master's Degree, which not all positions do (if the job only requires a Bachelor's and 1 year of experience, for example, it's not an EB2 position). (FYI - EB2 is also possible if the job requires a Bachelor's Degree and 5 years of progressive experience).

 

The requirements for the position are defined (for the most part) by the employer - so if the employer says the job is not EB2-level, then its not EB2-level and there's not much that you can do about it. Your Master's degree is irrelevant if the job does not require it.

[livliv]

Your qualifications don't determine EB level. The minimum requirements for your job determine that. If minimum requirement is Bachelors and you have a PhD, it is still EB3.