No need for advertisement and recruitment if I have 5 years of experience?


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I will be joining a company next month after working for nearly 5 years in the US after getting a Masters degree from Texas A&M. I joined the workforce on Feb 26, 2007 and I have no prior work experience in India.

My green card process has not been initiated till this date at all.

I heard that if you join a company after 5 years of relevant experience , you DO NOT need to go through the advertisement and recruitment process for Labor filing when they initiate the GC process? Can someone please validate this?

If this is true, does the joining date have to be exactly 5 years plus, that is I need to join a company on or after Feb 26, 2012 for them to not have to go through the advertisement and recruitment process for Labor filing?

I currently have an offer from to join a company who have promised to initiate my GC process in EB2 as soon as I join them and they are in a hurry to have me over. I am consider if I should delay my joining date based on your inputs.

Thanks for the advice.

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There are a few ways to obtain an employment-based green card without a labor certification but, unfortunately, simply possessing 5 years of experience is not one of them. Generally, a worker must qualify under the EB1 preference category, obtain a National Interest Waiver (NIW) under the EB2 preference category, or obtain a "pre-certified" Schedule A labor certification from the DOL to bypass the advertisement requirement. You and your prospective employer should have a consultation with an immigration attorney to see which options may apply in your case.

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