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US Masters + 3yr Bachelors - EB2 or EB3

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Here is my story. Can anyone or Attorney tell me if this position qualifies for EB2 or EB3 ? I read in forums and under the assumption of below 2 facts it will most likely fall in EB2

A) All experience for PERM position required is post US Masters Degree and

B) Somebody who has fulltime 2 year US Masters Degree from an accredited State University not sponsored by employer is assumed to override or supersede the U.S. bachelors degree (or atleast be able show equivalent of US Bachelors equivalent degree).

PERM minimum requirement for position sponsored - BS + 5yrs of Progressive Experience.

My Education -

India - 3 year Full Time Bachelor degree

U.S. - 2 year Full Time Masters Degree from an accredited State University

My Experience - 9+ years post US Masters Degree. Only 2+years with current employer sponsoring PERM and 7 years with previous employer.

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PERM is EB2 as per minimum requirement.


But the question is how you qualify for the posted job. Two ways to go about it.

Evaluate your BS+MS to be equivalent to US Bachelors and then you have 5 years of experience (not counting current employer) after obtaining MS.

Otherwise, if alternate requirements in PERM posting is US Masters degree, then you show that you have a US Masters degree and hence you qualify for the job.

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