Urgent help needed - DOL rejected my EB2 application

[whatissleep]

Hi, 

 

I am currently working as a Staff I Software engineer working in a semiconductor company. My company had filed for my PERM under the Staff II position with the requirements of MS + 0 years or BS + 6 years of experience around Mar 2015. In Dec 2015, I was informed that DOL has rejected the application stating that requirements MS + 0 years cannot be equivalent to BS + 6 years.

 

 

My Background : I did my Bachelors in Electronics and Telecommn from India and completed my Masters in Electrical Engineering from Los Angeles around May 2014. At the time of filing, I had 14 months of experience ( 8 months experience in India plus 6 months experience through Internships). I have been with the company for 1 year 8 months so currently I have 32 months of experience in total .

 

My Questions:

 

1. According to USCIS, anyone holding a advance degree qualify for EB2. What are the minimum requirements for EB2 according to the DOL? Why was my application not filed under my current Staff I position which requires MS + 0 or BS + 3 years of experience? 

 

2. Previously, the company filed the application by modifications to the general requirements of MS + 3 or BS + 6, so can the company file the application with the general requirements of MS + 3 or BS + 6 since I have almost gained 3 years of experience in total? Does the current company experience be counted while filing for the EB2 application?

 

3. Currently, my company has an internal policy that the application will be filed under EB2 only if you are Senior Staff position. This policy change happened in Oct 2014. They have told me that they would be filing my application under EB3. What should be the right way to proceed or how to request them to file for my application under EB2?

 

Any help will be highly appreciated :)

[JoeF]

"According to USCIS, anyone holding a advance degree qualify for EB2'

That is a misconception.

To qualify for EB2, the job has to require an advanced degree. Obviously, the applicant has to have the required degree.

As per the law, MS is equal to BS + 5 years progressive experience. MS+3 can not be equal to BS+6, because would mean MS=BS+3. MS is also not equal to BS+6.

And if the company files under EB3, it shows that the job does not require an advanced degree.

This looks to me as if the company does not use a competent immigration lawyer.

[whatissleep]

Hi Joe

 

             Thanks for the response. I would like to know does the experience at the company filing for my GC be counted? I just have 14 months of experience apart from the current company. If my current company experience will also be counted then my total experience would be 3 years and my appln can be filed under EB2. 

 

Just wanted to know, what are the minimum requirements for EB2?

 

Thanks

[whatissleep]

Can anyone answer my question above? Any help would be appreciated.

[JoeF]

Experience at the current employer who files the GC is not counted, unless the GC job is at least 50% different from the current job.