EB2 Eligibility Question

[awaitinggc]

Hi

I have 3 years of bachelors from India which is not directly equivalent to US bachelors. In addition to that, I have around 15 years of experience in the field after completing bachelors. I also completed my Masters Of Computer Information System in 2016 and I have 3 years experience since then. I joined a company in 2018 that has started the process of green card. The job description says "Bachelors + 6 years of experience" for the position they are filing it for. The job description itself allows us to file for EB2 category but after reviewing the documentation, the attorney are coming back and saying that my situation does not qualify for EB2 and we would need to file I-140 in EB3 category. 

Is that accurate? How can I get them to file in EB2 category?

[Attorney_15]

To qualify for EB2 based on the Bachelor's + 5 years progressive experience definition of EB2 requires showing the experience earned after completion of the foreign education that is equivalent to the US Bachelor's Degree. If the equivalent to the US Bachelor's Degree is based on the completion of the Master's degree in 2016 (in the above fact pattern), then one would have to show 5 years of progressive experience after the 2016 degree was awarded to qualify for EB2. Experience earned between the 2 degrees would not qualify the individual for EB2.