EB3 to EB2

[vam25]

Hi,

I got i - 140 approved on eb3 few months ago and now my company is ready to sponser for eb2. They have posted advertisment with Masters as requirement.and slight title change from Developer I to Developer II but with the same job duties. Will that be okay as they are applying for master.

Thanks,

[catx]

There is a reasonable chance that the PERM labor certification application will be denied for failure to show the need for a Masters degree. An employer cannot simply say a job requires a Master degree. They must show evidence that the job truly requires a Masters degree. Changing the job title by a 'level' "with the same job duties" will likely raise a flag and be suspect. If the PERM labor certification application is approved, then the USCIS may well deny the subsequent I-140 petition for the same reason. (Did your employer not work with an experienced, qualified immigration attorney who would advise them of this issue?)