Employer misleading on category (EB2 or EB3). Please help


kpv

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Hi,

I have got an approved labor from company A. They said that they have applied in EB2. I have the "Web approval form" of ETA - 9089. This contains the validity of labor.

1) I can't see EB2 or EB3 anywhere inETA form 9089. Where can I find it?

2) Section F contains Prevailing wage determination. This is shown as Skill level 3. Does it mean it is EB3?

3) I also have the I140 application form. Will it contain the information on EB2 or EB3?

Appreciate quick response and help on this.

Thanks

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EB-2 or EB-3 is determined from the requirements included in the ETA 9089. If the requirements are less than a Master or a Bachelor's plus 5 years of experience, the job is EB-3. The Prevailing Wage Skill level does not necessarily indicate EB-2 or EB-3. If the I-140 has the box checked for "Advanced Degree" then it is requesting EB-2.

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