What is current eligibility for EB2 process

[manokshi]

Hi,

Wanted to initiate GC through EB2 and came to know from our company that current salary also matters with education and experience to fie GC in EB2. I have 6 years college degree(B.Sc Computer Science & MCA) and total of 8+ years experience. I have been working in this company for 6.5 years and have 2 years experience from previous company. Now issue is salary, my current salary is 60K and have been told that minimum 90K to 95K only eligible to EB2. My company is advising me to file in EB3. Does current salary matters for future job process(GC)? Is there any possibility for EB2 in my case? Expecting your expertise on this and will proceed further according to your replies.

[BigJoe5]

You do seem a bit unclear.

Unless YOU are so super special that you would qualify to file a self-petition for a National Interest Waiver or as an Extraordinary Ability alien, someone else (an employer) files a petition on your behalf. BUT that is something that comes a bit later in the process.

An employment-based visa petition starts with an actual job opening that the employer is unable to fill with an available, qualified, and willing U.S. worker after advertising the vacant position. DOL's Permanent Labor Certification process is complex, somewhat lengthy, and it ain't cheap.

IF such a position exists, then THAT POSITION will qualify for whatever IT qualifies for.

The employer must obtain a labor cert for the job vacancy (s)he wishes to fill on a permanent basis.

IF you possess the required qualifications for that open position as described in the labor cert which was approved by the Department of Labor (DOL) and the employer is willing to hire you, then the employer can file an I-140 with USCIS naming you as the beneficiary.

While the DOL determines/verifies a genuine need for a foreign worker, USCIS decides which classification the job qualifies as.

IF the job as described on the approved labor cert does not meet the classification indicated on the I-140 it gets denied. Then a new I-140 would be needed for a differnt classification (the filing fee pays for an adjudication for the classification sought--you can't change to a different classification midstream, or on appeal or motion after the case is denied). OH but wait, the labor cert is only good for 6 months! It may be back to square ONE and starting over with DOL!!!

Knowing all this, an intelligent employer will not waste time and a lot of money filing for a classification for which the job does not qualify or for a foreign worker who would not qualify for the open position as described in the labor cert.

In the simplest terms possible, your actual qualifications are irrelevant when they exceed to requirements for the actual job that the employer is seeking to fill. Here is one last OVERSIMPLIFICATION: it would not matter if you had a Doctoral Degree from Oxford or Harvard if the position only demanded a high school diploma. In such a case, YOUR degree would not change the actual job requirements and therefore the actual job would be lower in the priority classification than you might like. Look for a different job that would utilize you to your full potential.

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All that aside, without greater detail on the educational institutions and the coursework that lead to your degrees, it is unclear what your degrees would qualify you for. It might be a good idea to get your degrees evaluated professionally by a reputable organization that would be acceptable to USCIS.

Good Luck.

[JoeF]

Hmm, of course people with an advanced degree or progressive experience have higher salaries.

The salary also depends on the metropolitan region for the job. In cities, it usually is higher, due to the higher cost of living.

In the Bay Area or in Socal, $60K for a senior CS person would be very low.

ANd btw, if you are on H1, you have to get paid the prevailing wage for your job as well...

[manokshi]

Thank you BigJoe5 and JoeF for your valuable inputs.