Am I eligible for EB2 with different subject from working area?

[ifra]

I am now on HIB. working as a Database Administrator. My employer wants to start my GC. Now my question is- I have four years bachelor of Arts degree (subject: Philosophy) and one year Masters of Arts degree (subject: Philosophy).

and right now I have 7.6+ years IT professional experience.

Also I have completed 1.5 years diploma in Information Technology after my university masters.
and I have couple of online vendon certification related to my job field.

I have education evaluation certificate as "Bachelor In computer information system with dual major Computer science and Philosophy"

Now My question is, Am I eligible for EB2 category in my GC process?

How much possibility of denial is there? Or is it better to go for EB3 from begining ?

 

 

Regards

IFR

[JoeF]

No. You are even lucky that you got an H1 for work in IT.

[rahul412]

EB category will be decided by the job requirements.

 

Coming to your case.how come your evaluation report says that its equivalent to Bachelor's in CIS when you have only 8 yrs of exp in that field. I am not an expert in evaluation but if that true then you should be good to go.

[t75]

How did you get that educational evaluation if you did not obtain a CS degree?

[ifra]

How did you get that educational evaluation if you did not obtain a CS degree?

 

With My bachelor degree plus 5+ years of Solid experience on DBA field. ( I have lots of online vendor certification on that field)

Am i eligible for EB2 ? or which option is better for me? please.

 

EB category will be decided by the job requirements.

 

Coming to your case.how come your evaluation report says that its equivalent to Bachelor's in CIS when you have only 8 yrs of exp in that field. I am not an expert in evaluation but if that true then you should be good to go.

 

Sorry, I did a little mistake, my education evaluation is "Bachelor in computer science with dual major in Computer information system and Philosophy"

 

still Am i eligible for EB2 ? or which option is better for me?

 

if EB3 then my employer's requierment should be "High school degree" and 5+ years of experience. will it appropriate for DBA position? (because High school Degree")?

 

Appriciate your valuable answer.

 

Thanks

[JoeF]

With My bachelor degree plus 5+ years of Solid experience on DBA field. ( I have lots of online vendor certification on that field)

 

That is not enough for an H1. And "online vendor certifications" are completely irrelevant.

You are lucky that you got an H1 at all.

And none of this qualifies you for EB2.The only possibility would be EB3-Other, which is a lower subcategory of EB3.

[rahul412]

Sorry, I did a little mistake, my education evaluation is "Bachelor in computer science with dual major in Computer information system and Philosophy"

 

still Am i eligible for EB2 ? or which option is better for me?

 

if EB3 then my employer's requierment should be "High school degree" and 5+ years of experience. will it appropriate for DBA position? (because High school Degree")?

 

Appriciate your valuable answer.

 

Thanks

Neither your Bachelor's nor Master's is related to IT. So how can your 7 yrs of work exp is equivalent to Bachelor's degree??

[ifra]

Hi JoeF,

 

Many Thanks for your answer.

 

Why not in Skilled Workers (EB3) ?

 

Sub-categories

Evidence

Certification

Skilled Workers

• You must be able to demonstrate at least 2 years of job experience or training
• You must be performing work for which qualified workers are not available in the United States

 

 

 

 

Neither your Bachelor's nor Master's is related to IT. So how can your 7 yrs of work exp is equivalent to Bachelor's degree??

 

Thanks Rahul412.

 

 

Thanks

[rahul412]

Certification adds nothing. If certifications adds experience then people won't go to school to get their degree and that will save lots of money.

[ifra]

Hi rahul412,

 

Based on my above information, Can I qualify for "Skilled Workers" sub-catagory of EB3 ?

 

I saw only below Evidence for Skilled Workers in USCIS website.

 

Skilled Workers

• You must be able to demonstrate at least 2 years of job experience or training
• You must be performing work for which qualified workers are not available in the United States

 

Thanks

[rahul412]

 

Hi rahul412,

 

Based on my above information, Can I qualify for "Skilled Workers" sub-catagory of EB3 ?

 

I saw only below Evidence for Skilled Workers in USCIS website.

 

Skilled Workers

• You must be able to demonstrate at least 2 years of job experience or training
• You must be performing work for which qualified workers are not available in the United States

 

Thanks

 

May be, did you check this with your employer?

[t75]

There are many unemployed and qualified US workers in your field.

[ateetshah]

There are many unemployed and qualified US workers in your field.

Such statements kind of looks foolish and shows the immature side if one's behavior. You need to learn first before posting anything further.

[rahul412]

Such statements kind of looks foolish and shows the immature side if one's behavior. You need to learn first before posting anything further.

To be frank, what she posted is right.

[JoeF]

Hi JoeF,

 

Many Thanks for your answer.

 

Why not in Skilled Workers (EB3) ?

 

That's what I meant with EB3-Other. That is the skilled worker category.

The issue is of course that there are likely more Americans that fit the category, so it is rather hard to get a GC in that category. Remember, a GC can only go forward if there are no Americans able and willing to take the job.

[ifra]

Thanks njdude.

 

 

Hi JoeF,

 

EB3-other is not skilled workers.  its Unskilled Workers .

 

FYI-

 

Skilled Workers

• You must be able to demonstrate at least 2 years of job experience or training
• You must be performing work for which qualified workers are not available in the United States

Labor certification and a permanent, full-time job offer required.

Professionals

• You must be able to demonstrate that you possess a U.S. baccalaureate degree or foreign degree equivalent, and that a baccalaureate degree is the normal requirement for entry into the occupation
• You must be performing work for which qualified workers are not available in the United States
• Education and experience may not be substituted for a baccalaureate degree

Labor certification and a permanent, full-time job offer required.

Unskilled Workers (Other Workers)

You must be capable, at the time the petition is filed on your behalf, of performing unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

Labor certification and a permanent, full-time job offer required.

 

 

Regards

[chakrakr]

That's what I meant with EB3-Other. That is the skilled worker category.

 

 

EB3-Other is for unskilled worker NOT skilled worker. 

 

From http://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-third-preference-eb-3

 

The “other workers” subcategory is for persons performing unskilled labor requiring less than 2 years training or experience, not of a temporary or seasonal nature.

 

 

Unskilled Workers (Other Workers)

You must be capable, at the time the petition is filed on your behalf, of performing unskilled labor (requiring less than 2 years training or experience), that is not of a temporary or seasonal nature, for which qualified workers are not available in the United States.

[JoeF]

The side-discussion about skilled and unskilled workers misses the forest for the trees.

The issue is that for both sub-categories, there are many Americans who qualify, so it is pretty much impossible to get an LC approved for these categories.

[ateetshah]

The side-discussion about skilled and unskilled workers misses the forest for the trees.

The issue is that for both sub-categories, there are many Americans who qualify, so it is pretty much impossible to get an LC approved for these categories.

Chances are that you won't find anyone with a specific exact skillset per PERM regulations.

So even if applicant on PERM advertisement misses one technology or skillset, they can be taken out of consideration. PERM recruiting is pretty simple and you will always find workers with "like" skills, but not exact skills.

[JoeF]

Chances are that you won't find anyone with a specific exact skillset per PERM regulations.

So even if applicant on PERM advertisement misses one technology or skillset, they can be taken out of consideration. PERM recruiting is pretty simple and you will always find workers with "like" skills, but not exact skills.

 

On the contrary, for Skilled worker and other, the chances are very high that there are others with the same skillset.

This "exact" stuff isn't going to fly with DOL. The employer would have to provide a business reason that this one technology or skill is really really required. Just making something up isn't going to work.

[ateetshah]

On the contrary, for Skilled worker and other, the chances are very high that there are others with the same skillset.

This "exact" stuff isn't going to fly with DOL. The employer would have to provide a business reason that this one technology or skill is really really required. Just making something up isn't going to work.

The exact stuff will easily and does fly with DOL without any problem. We've seen many cases approved easily with DOL. All that it needs is one missing technology and boom it's approved without a problem.

[ateetshah]

On the contrary, for Skilled worker and other, the chances are very high that there are others with the same skillset.

This "exact" stuff isn't going to fly with DOL. The employer would have to provide a business reason that this one technology or skill is really really required. Just making something up isn't going to work.

Dead wrong on all counts. Quite easy to get PERM done these days and have seen like 20-30 recently done with just one technology missing.

Unfounded assumptions without knowledge can be dangerous actually.

[ifra]

Thank you njdude and JoeF for discussing unwritten valuable points. it helps us a lot to understand.

 

 

Thanks

[JoeF]

Dead wrong on all counts. Quite easy to get PERM done these days and have seen like 20-30 recently done with just one technology missing.

Unfounded assumptions without knowledge can be dangerous actually.

 

First off, if you deal with this as a job, I suggest you disclose that.

Second, getting PERM is not easy. And it certainly is not easy in categories that have limited educational requirements. Now, it may be that nobody wants to move to certain parts of the country, like where you seem to work. But that would be an exception.

[ateetshah]

First off, if you deal with this as a job, I suggest you disclose that.

Second, getting PERM is not easy. And it certainly is not easy in categories that have limited educational requirements. Now, it may be that nobody wants to move to certain parts of the country, like where you seem to work. But that would be an exception.

PERM job advertisement and any applicant applying for that position, HR & Leg need to make sure the applicant is "perfectly" qualified. It's illegal to tailor make requirements suited to sponsor.

And perfectly qualified definitions means the applicant should have work experience in technology or a process or anything that is deemed crucial for doing job in a perfect manner.

So it's quite easy to make such a case with USDOL and as long as it's within a reason. Also while filing PERM, everything is electronic and no documentation is sent unless required. So no need to dramatize this situation as it's not needed.