Job Description for EB2

[jrus31]

Hi all,

I have a question about filling my GC in EB2.

My current job description is as follows.

Job title - Java Developer 1

Min exp req - 1-3 years

Degree req - Minimum BS required.

Technoligies req - Java/ J2EE, spring framework, Oracle. XML.XSL....etc etc

Now my problem is when i joined the company HR told me they will file me as EB2. Now my question is with this basic requirement how will they file in EB2?

Is there a way we can change the job description and then apply for GC.

I do have a MS degree and 3+ yrs of work exp before joining this company.

Any help is really appreciated.

Thanks.

[JoeF]

"Degree req - Minimum BS required"

That makes it EB3.

And it is not possible to just arbitrarily change the job description.

[Attorney_22]

The general requirement for a position to be considered for the EB2 category is either a Master’s degree or a Bachelor’s degree with five years of progressive experience. Therefore, the minimum requirements you have stated above will not be considered EB2. Please schedule a consult with an experienced US immigration attorney to discuss your options.

[t75]

It would be against the rules for them to change the job description just to file for you in EB2. Get a "real" EB2 job if you are qualified.

[catx]

It is not just against the rules, it is against the law. It is immigration fraud to "change the job description" for a specific employee for applying for permanent residency (green card). Further, it is not just the job description that matters. If there are other employees in the same job, then their education is very important to the employment based (EB) category determination. If the other employees in the same job have Bachelors degrees, the job cannot require a Masters degree for one employee. The Department of Labor (DoL) is known to require the employer to provide objective documentation / evidence (e.g. other employees' education, industry practice) that a job requires an advanced (i.e. Masters) degree.