EB2 Job Requirements

[pfloyd72]

There is a lot of confusion with regards to DOL and USCIS interpretation of EB2 requirements. I have the following queries:

1. Does MS+0 or BS+5 work for EB2 for a Database Architect position or does it cause an audit due to MS+0 requirements ?

2. Company's actual requirement is MS+3 or BS+5 . Does USCIS interpret MS+3 or BS+5 as not EB2 since MS+0=BS+5 and so MS+3 would mean MS = BS+2 and so not EB2 ?

3. Is the following job description correct for EB2 ?

Masters Degree or equivalent in Computer Science or Engineering related field plus 3 years of experience in the job offered

OR

Bachelor’s degree or equivalent in Computer Science or Engineering related field plus 5 years of experience in the job offered

4. For a person to qualify with BS+5 as the alternate for the Primary requirement of MS+3 , does the BS+5 have to be mentioned as Progressive and does it need the magic language ?

The Magic language is "Employer will accept any suitable combination of education, training or experience."

Thanks

Pfloyd

[SameerH1Bworker]

1. Does MS+0 or BS+5 work for EB2 for a Database Architect position or does it cause an audit due to MS+0 requirements ?

- Should not raise an audit due to MS+0.

2. Company's actual requirement is MS+3 or BS+5 . Does USCIS interpret MS+3 or BS+5 as not EB2 since MS+0=BS+5 and so MS+3 would mean MS = BS+2 and so not EB2 ?

- USCIS will consider it for EB2 even though its MS+3 or BS+5. As in my case it was MS+2 or BS+5 & my I-140 approved.