EB2 - Masters + 2 years, Business Need required

[jayashrkrishnan]

Hello,

My company has just initiated my Green Card Process. I have a Masters Degree

from the US, and hence will fall in the EB2 category. However, I just got word

from my employer that they will have to file it with BS + 5 years of experience,

rather than MS and 2 years of experience. Because, the latter will mean they

will have to show a "business need" and that will not be possible. Do you have

any idea what may be the reason here? Thanks

[shandan]

The reason can be simple the job does not require a Masters Degree, hence they cannot prove it that way.The EB category is decided by job requirements and pertinent business needs, if the company is not able to show the business need for a MS and 2 years for the particular job, then the job will fall under EB3.

Your education makes you eligible for a job with EB2 requirements but does not effect the otherway round.

If a job qualifies for an EB3 then you can be a post doc but will still be filed under EB3, the EB category is established by the jobs business needs and requirements and not your education credentials.

Hope this helps.

[JoeF]

Hello,

My company has just initiated my Green Card Process. I have a Masters Degree

from the US, and hence will fall in the EB2 category.

No, you do not.

The job requirements determine the category.

You could have a PhD, if the job only requires a bachelor degree, the case would still be in EB3.

[catx]

As was posted above, and innumerable times elsewhere on this forum, the job requirements and the employer's business requirements and practices determine the employment based (EB) category -- not the employee's education and experience. Things that go into determination of the EB category are the job description (duties and responsibilities), the education and experience of other employees in the same or similar jobs, proof of business need (for an advanced degree), industry practices. The employee then needs to have the required education and experience, but does not determine the EB category. (As was, and has been said, an employee could have a Ph.D. and 20 year direct experience, but if the job required a Bachelors degree and limited experience, it would be filed under EB-3 category.)