EB2 vs EB3 - Should the Alternative Requirements in Job Description be considered or not along with minimum requirements..??

[jcp1111]

I have a question regarding the Employment Based Green Card - EB2 or EB3 category. Should the Alternative Requirements in Job Description be considered or not..??

I am a Software Engineer. I have a Masters Degree with 3.5 yrs development experience prior to my Current Job. My Current Employer is sponsoring Green Card for me. But attorney who is preparing application is sayingI would be classified as EB-3 category as my Masters degree requirement was not specified in Minimum requirements, but was specified as Alternative requirements.

I have confusion since Alternative requirements are also considered as Job Requirements. I would like to know if my Green card application can be filed under EB2 instead of EB3..??


So, the situation is like..
My Current JOB Requirements:
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MINIMUM Education Requirement: Bachelor’s degree in Computer Science, Engineering or related field of study.

MINIMUM Experience Requirement: 3 years of software development, web application development, programming or related experience.

ALTERNATE Education and Experience Requirement: Master’s degree in Computer Science, Engineering or related field of study + 1 year of development experience.

Special Skills: Must have knowledge and experience or course work with:
• SOAP services in Java; and etc technical skills..... ..... ....
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So, the job requirements says about Masters Degree as a Alternative Requirement. and Bachelors degree as Minimum Requirement.

So my question is whether I will be eligible for EB2 Category Green card or not..??


Thanks,