EB2 eligibility for GC

[opth1gc]

Hi,

I 'm working for a preferred vendor of my client , as a full time employee.

The vendor i.e, my employer is also willing to sponsor GC. But , as they started process, they ended up saying the job description and minimum requirements as BS,which falls under EB3.

But I'm a MS graduate , i would like to be applied under EB2.

But, the immigration attorney's are suggesting my company to go with EB3 with BS as min requirements,so that they can avoid any kind of DOL auditing ,that might be an issue if we go with MS.

they are also saying that auditing will always be there even with eb2 or eb3.

what really is auditing means here in these cases? as per wait times, i donot want to go for EB3 AS I have MS and 2 yrs of exp.( +1 year from current comp)

should i opt for another employer? or go with EB3? how to convince employer for EB2?

I have h1 period until 2015 october(completes 6 years)

thanks in advance for your thoughts!

[catx]

First, and foremost, the employment based (EB) category determination is not based on the employee's qualifications. It is based on the employer's job description and stated education and experience requirements, plus other factors such as the education and experience of other employees in the same or similar job and industry norms. If the job description requires a Bachelors degree, then it falls in the EB3 category. If there are other employees in the same or similar job with Bachelors degrees, then it falls in EB3 category.

Accordingly, since your employer is saying that "the job description and minimum requirements [are a] Bachelors" degree, then they are correct that it will fall in the EB3 category. It has nothing to do with "convincing" your employer to file under the EB2 category.

One of the Department of Labor's (DoL) reasons for auditing an application is having the employer provide objective documentation / evidence that the job truly requires an advanced (Masters) degree.

[t75]

You cannot "convince" the employer to go for EB2. His attorney will advise of the proper filing and no legitimate employer would falsify documents in violation of US law just to change filing category for an employee. Do not suggest it or you may (and should) be looking for a job or on the plane home.