Can I file a GC at all?

[happydude9]

Hi Experts,

What is the criterion for EB3 category? If a position says Bachelors +5yrs experience and to file a GC for this position in EB3 is it mandatory to have all the 5yrs of experience? If so can the experience at the current employer be included in the 5yrs since GC is always for future employment?

Any inputs are really appreciated.

Thanks

[Attorney_22]

Generally, the EB category a PERM application Beneficiary will qualify in is based on the minimum requirements of the position as set by the employer. If the minimum requirements of the proffered position is a U.S. Bachelor’s degree or equivalent and five years of progressive experience this will qualify for the EB2 category. Furthermore, if these are the minimum requirements of the position, the Beneficiary must possesses all qualifications. It is possible to qualify for the position utilizing experience gained with the same employer; however, this is only acceptable if the experienced gained with the sponsoring employer was in a substantially different position than the proffered PERM position. For a more in-depth discussion regarding this matter please contact a qualified U.S. immigration attorney.

The Murthy Law Firm has a very well-regarded Green Card Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.