Should I file for EB2 or EB3?

[gretchen]

Job reqt is stated as: Minimum requirement is Bachelor's Degree or alternately, Master's Degree in Education or related field. Zero experience required. I have a Master's degree in Education. In the I-140, if I apply for the EB3 then they will look for the Bachelor's which I don't have because my bachelor's is in STEM, but I have the Master's degree, the advanced degree as required in EB2. I am thinking an EB3 will be denied while the EB2 will be ok because I have the required master's degree. Would I qualify/Am I classified under EB2 (advanced degree) or just the EB3? Thanks!

[catx]

It is the employer's job requirements (education and experience) that determine the employment based (EB) category -- not the employee's qualifications. Based on the information posted the job would always be under the EB3 category (i.e. minimum requirements are a Bachelor's degree with no additional experience) regardless of the employee's qualifications. To use an extreme example, a person with a Ph.D. and 20 years experience would still be in the EB3 category with the job because of its minimum requirements.

[gretchen]

I was just thinking along the line of minimum alternate requirement is the Masters degree thus EB2 is possible. Thanks for the reply. 'Guess I'm stuck in EB3.