What is the criteria to justify a case for EB2?

[samiee]

Hi,

This topic has been discussed several times before. But, I would like to take experts opinion once again.

My attorney says that in order for me to be eligible for EB2 category, all my team members who are working at the same level should have Master's degree or Bachelor's + 5years. Can someone please advise, if this will be an issue if my team members do not qualify this criteria?

Thanks.

[JoeF]

Essentially, the employer would have to argue that the job requires an advanced degree (or bachelor + 5 years progressive experience.) If some people in the company in similar jobs don't fulfill that requirement, then it is obvious that the job doesn't require an advanced degree. Otherwise, there would be unqualified people working in these jobs...