green card processing through Work


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Hi my company want to apply my green card

I requested them to do it through EB-2 but they are saying EB-2 is not possible cause job position only qualifies for EB-3, though I have Masters degree and 5 years of work experience

here is the qualification required for the my position

QUALIFICATIONS:

  • BA/BS degree in Computer Science, Computer & Systems Engineering, or related field, or equivalent work experience required.
  • Minimum two (2) years experience in testing complex applications required.
  • Minimum five (5) years of overall combined QA and/or development experience.
  • Three (3) years experience with test management tool, Rational Quality Manager preferred.
  • Two (2) years experience with writing Java or .Net code, experience with Rational Functional Tester and Rational Performance Tester preferred.
  • Healthcare/Insurance industry experience preferred.
  • Demonstrated ability to develop test plans, and test cases for complex enterprise systems, products and applications required.
  • Demonstrated experience writing test programs strongly preferred.
  • Excellent organizational, planning, project management, problem solving and decision making skills including experience with project risk assessments required.
  • Demonstrated understanding of data warehouse concepts is required, especially relational database, business intelligence, and development processes.
  • Demonstrated experience in SQL and Microsoft Access required.
  • Understanding of automated software testing and demonstrated experience with developing a test automation strategy required.
  • Thorough knowledge of IBM/Rational suite of functional testing tools, including RequisitePro, Team Concert, Quality Manager, Functional Tester, Performance Tester and WebSphere Business Modeler preferred.

I have Master degree in Computer science from USA and 5 years of experience(3 years in usa and 2 years in Nepal)

My concern is Do i qualify for EB-2 for this position or not?

If yes how do I defend to my employer?

My concern is don’t I qualify for EV2 with the first 3 point on the qualification i.e.

  • BA/BS degree in Computer Science, Computer & Systems Engineering, or related field, or equivalent work experience required.
  • Minimum two (2) years experience in testing complex applications required.
  • Minimum five (5) years of overall combined QA and/or development experience.

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Please refer to the following. This was provided to me by a Murthy attorney. Hope this will clarify your concerns.

Green card application

U.S. Citizenship and Immigration Services (USCIS) requires the requirements for a job be at least a master's degree or a bachelor's degree and five years of progressive experience to be classified as EB2 during the I-140 immigrant petition stage. Before one gets to the USCIS, however, three factors related to job requirements need to be considered when filing a labor certification (LC) with the U.S. Department of Labor (DOL).MurthyDotCom

The first factor is the employer's minimum requirements for the position. The position must require at least a master's degree or equivalent. Also, other employees in similar positions with that employer must have masters' degrees or the equivalent. Generally, a bachelor's degree plus five years experience with another employer could qualify for EB2, if described correctly under the current USCIS and DOL interpretations for the EB2 classification.urthyDotCom

The second factor is the maximum allowable educational and experience requirement for the position, according to the DOL. The DOL classifies all jobs and assigns them a job zone, indicating the maximum allowable educational requirement and experience requirement. So, even if the employer requires a master's degree for the position, it may exceed the DOL's understanding of normal requirements for the position. If the education and experience in a particular case exceed the job zone assigned by the DOL, the case may only proceed if the company can demonstrate business necessity for the additional requirements.MurthyDotCom

The final factor is the employee's actual qualifications. S/he must hold a master's degree or equivalent, as defined by USCIS prior to commencing the employment.

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I requested them to do it through EB-2 but they are saying EB-2 is not possible cause job position only qualifies for EB-3, though I have Masters degree

The employer's statement "EB-2 is not possible because job position only qualifies for EB-3" is 100% correct with respect to the determining factor for the applicable employment based (EB) category -- as also posted in the Murthy attorney's description. It is the job's education and experience requirements that determine the EB category, and then the employee having the necessary qualifications. If the job only qualifies for EB-3, then it would filed under EB-3 even if the employee had a Ph.D. and 20 years direct associated experience (to use an extreme example).

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By the way, YOU don't "request" them file in a particular category. They have attorneys to advise who are far more qualified to make that determination. You do not "defend" your position unless you want to be considered arrogant and wish to be unemployed.

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kishanadh@hotmail.com,

I can imagine any feeling of helplessness you may be having. I have been thru that. Best solution is to look for a job that qualifies under EB2 requirements. Since you are in the software field, I believe there are a ton of jobs that would require a masters or bachelors and 5 yrs. exp. At least this is what I think the case is, since all my s/w friends are in the eb2 category and majority of them had your kind of experience when their application was filed.

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