Options to apply for EB2

[KimiRaikkonen]

Hi,

 

I've a Bachelor's degree and 8 years of experience in .Net Web/Windows development. I'm currently working on a job which required a Bachelor's and 3 years of experience. Hence my employer is filing my application in EB3 category.

 

My question is, to get my GC filed under EB2 category, is my option limited to switching to a job requiring Bachelor's + 5yrs WE and filing or can my employer file an EB2 application for a future job while I stick to my current job.

 

Thank you in advance for your time.

 

Regards.

[omshiv]

You dont qualify for EB2. When they ask Bachelor's deg..they are looking for a 4 yr Degree in the US and not the typical 3 yr in India.

[KimiRaikkonen]

I've a four year B.Tech degree in Engineering which has been reviewed to be equivalent to the bachelors here in US. This was done for H1B too and I carry the associated documents. Considering this, what is your opinion.

[rahul412]

My question is, to get my GC filed under EB2 category, is my option limited to switching to a job requiring Bachelor's + 5yrs WE and filing or can my employer file an EB2 application for a future job while I stick to my current job.

Obviously you are eligible for EB2 job, so start looking for a job with that requirements.

[KimiRaikkonen]

Obviously you are eligible for EB2 job, so start looking for a job with that requirements.

 

 Rahul, thanks for your reply. Is switching jobs my only resort to get it filed under EB2 or is there another process to file it while still maintaining my current EB3 job.

[rahul412]

 Rahul, thanks for your reply. Is switching jobs my only resort to get it filed under EB2 or is there another process to file it while still maintaining my current EB3 job.

Yes, you can. But I don't have enough knowledge in that area. So wait for more replies or contact an attorney.

[catx]

There is no way to file for permanent residency under the EB2 preference category "while still maintaining [your] current EB3 job".

 

A job whose requirements and description qualities for the EB3 preference category (and does not qualify for the EB2 preference category) will always be an "EB3 job" regardless of your qualifications and experience.  As has been posted ad infinitum, It is the job (requirements and description) that determines the EB preference category -- not the employee's qualifications and experience.

 

The only way to re-file under the EB2 preference category with the same employer is when there is a job change and the new job requirements and duties are at least 50% different from the previous job with the employer.  This does not mean simply more responsibility, e.g. a direct promotion to a supervisory or managerial job, which typically does not meet the test of at least 50% different requirements and duties.  The 50% different requirements and duties is generally tough to satisfy, and one that the Department of Labor (DoL) and USCIS looks at closely during the new PERM labor certification application and I-140 petition processes.  If you are looking to try to re-file under the EB2 preference category with the same employer, then they need to work with a qualified, experienced immigration attorney. 

[xfitter]

 Rahul, thanks for your reply. Is switching jobs my only resort to get it filed under EB2 or is there another process to file it while still maintaining my current EB3 job.

If your current employer has another position that qualifies for EB2, and if you meet the requirements of this position in terms of education and experience, you can file EB2 with the same employer, while on your EB3. For the below caveats, it is recommended to consult an attorney:

 

1. If during PWD of your EB2 position it is deemed to be the same OES/SOC Title as your current EB3 position, then the new position may have to have 50% of job duties different from your current job description. To prove this if asked, you may have to have documents showing % allocation of your time against current functions of your job description, and % time against the functions of the new position. This may be used to determine if there is a 50% or more difference between the two jobs. This document is needed only if you are asked via RFE and don't have to provide upfront.

 

2. Also if you are going for EB2 with Bachelors & 5 years of progressive experience, your employer should be willing to pay you Level 4 Wage corresponding to OES/SOC Title. Visit flcdatacenter site for details.

 

There may be other ways of PWD (Prevailing Wage determination); I am just saying what I know. My statements comes with a disclaimer that I am not an attorney, so please consult an attorney. Also, your employer may maintain both your EB3 and EB2 until one of them sees light. Good luck.