Employer not eligible to file in EB2?

[gandhean]

Hi,

My lawyer is ready to file the PERM. When I asked about the category, I am told that it would be under EB-3. When I asked why not EB2 (bachelor's degree + 12 yrs exp.) category. The answer I received from my company immigration officer is, I might be eligible for EB2 but company may not fulfil EB2 filing requirements and risk of getting application rejected.

My question is, is there any restriction on employer? Since I am paying for processing, can I still force company/lawyer to file under EB2?

Thanks,

Anirudha

[Attorney_22]

The basic requirements for a position falling into the PERM EB2 category is a minimum requirement of at least a Bachelor’s degree and five years of progressive experience or a Master’s degree. The key to remember is that the minimum requirements are based on the position pursuant to the employer’s requirements. If the position qualifies, then the analysis next goes to the Beneficiary’s qualifications and if they meet the requirements. Therefore, it may be that an individual surpasses a position’s minimum requirement yet due to the employer’s requirement for that position it will still fall into the EB3 category. Lastly, you should be aware that it is illegal for anyone but the employer to pay for the costs of the Labor Certification. This includes attorney fees and advertising costs. To discuss this in more detail it is advisable to speak directly to a qualified U.S. immigration attorney. The Murthy Law Firm has a very well-regarded Green Card Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.