EB2/ EB3 - Which one should I ask my employer for?

[aks.t]

HI

I wanted to get your opinion on my situation.

I have a Bachelors in Mech Engg From India (4yrs) and a Masters in Industrial Engg from the USA. I have about 1yr 7 month exp in my current role. My company is a large multinational.

The current role which I am in has the basic qualification of " Masters degree in Engineering (Mechanical Eng or Industrial Eng), or BS degree in Engineering and 2+ years experience." and mostly Masters albeit only 1 bachelors + 2yrs exp person on our team in the same level.

I am  in the process of starting PERM and the internal company lawyers informed me that, " The PERM Labor Certification’s minimum job requirements will determine your employment‐based preference category. If the minimum job requirements for your sponsored position are a Bachelor’s degree and less than five years’ experience, you will be in the employment‐based third preference category (EB‐3). If the minimum job requirements for your sponsored position are at least a Master’s degree or a Bachelor’s degree followed by at least five (5) years post‐ Bachelor’s degree experience, then you will be placed in the employment‐based second preference category (EB‐2).If the minimum job requirements for your sponsored position are at least a Master’s degree or a Bachelor’s degree followed by at least five (5) years post‐Bachelor’s degree experience, then you will be placed in the employment‐based second preference category(EB‐2)."

WHat can I do to make sure that I am filed under EB2 and not EB3?

[pontevecchio]

Master's or Bachelor's plus 5 years experience equates to EB2. In your case Bachelor's plus 2 years experience makes it EB3. Unless the job requirement specifies either Master's or Bachelor's plus 5 years experience, it will not be EB2.