2013 EB2 Job Titles

[HeroOfSparta]

Hi Gurus,

I am a consultant working with employer EmpA and they filed my PERM 2 months back as a "Software Developer, Applications", still waiting on approval. Now, the client where I am working right now, said he will sponsor my GC and asked to be their fulltime employee and in which I am interested in. But they only have few job titles available.

1) Programmer Analyst

2) Senior Programmer Analyst

3) System Analyst

4) Senior System Analyst

They said they will hire me as a Senior Programmer Analyst.

I have done Master here in US. and have 2 yrs exp.

But when I talked to my client attorney he said that , in EB2 only one job title is available and that is 'Computer and Information Research scientist'(As per this quarter update with DOL). They also mentioned that even if I go with 'Senior Programmer Analyst' title I get denied after a year.But my client has no such job title and I have to choose only the 'Senior Programmer Analyst'. I don't want to take risk by wasting 1 year knowing that ut eventually get denied.

This attorney has very good review online and I am scared now.

Please advice me.

Thanks.

KP.,

[t75]

A legitimate employer will have predefined job titles and descriptions. You will be hired for one. If you do not like the proposal, decline the offer. You are not guaranteed a GC.

[HeroOfSparta]

Thank you t75.

I do like the offer. The only thing is, I don't want my PERM get audited OR have it denied. I talked to several attorney's and each attorney suggested different thing.

Here are the responses from each attorney.

Attorney1: In 2013 starting this quarter, only one job title is eligible for EB2, i.e "Computer and Information Research Scientist". Is it true? How can I verify? Please provide details.

Attorney2: As your job description says "Bachelor+ 5 yrs required or Master+ 2 yrs required." There will not be any problem.

Attorney3: Same as above(Att 2).

But I am not able decide which one is the best option because it is very good offer from client.

Please advice.

Thanks

KP.

[t75]

Having PERM audited or denied is a possibility on any filing. You take a chance no matter how well constructed a petition appears. The only 100% certain choice is for you to go to the country in which you are a citizen.

The employer's attorney is going to make the final decision. You really have little to do other than provide the information the attorney requests. If the employer is a "good" one, he will have hired competent attorneys who will present the best case legally possible. The attorney will not violate laws to improve someone's case; it is just not worth it to him.

If you want to check it out, read the statutes and try to interpret them.

[HeroOfSparta]

But, my main question I would like to know the answer for is, Is it true that only one job title is available for EB2 category at present? and what if we file PERM with different job title?

Please advice on this.

[HeroOfSparta]

Can anyone share if you know any job titles suitable for EB2 at present?

[JoeF]

Job titles don't matter much. In a bunch of companies, people can even choose their job titles.

Job descriptions are what matters.

[HeroOfSparta]

Thank you JoeF.

My job JD includes 'Bachelors +5 or Masters +2 yrs exp required'. What are my chances of getting audited.?I have MAsters +2 yrs. exp.

Thanks..!

[ateetshah]

There is always chance of random audit. Nobody can tell for sure. Fradulent petitions are more likely to be audited like too narrow or broad responsibilities or if education vs experience don't match.

Always tell the truth. In longer term, any fraud or misrepresentation of facts will eventually bite. Good luck.