EB2 vs EB3 for a small company

[komalchag]

Hi, I work as a Software Automation Developer in a small company. I am the first and only person for who the company is initiating GC process. The company has hired a immigration attorney  who is helping me with filing PERM. He is insisting that I should file under EB3 and not EB2, based on following reasons:

- My job description has MASTERS preferred and not required

- I am the first person from the company so there are chances of getting audit or query if I try for EB2 category which is will be more aggressive for my case....

 

I want to do my processing in EB2 category since waiting for EB3 can take forever depending on priority date movement for India, what can I do in order to make my case stronger for EB2 filing? Please help

 

[JoeF]

The minimum job requirement is what matters. It doesn't require a Masters, so it can not be EB2.

There is nothing you can do.

[ashuneel]

Being the first person from the company has nothing to do with chances of getting audit or query. It all depends on the documents submitted.

[komalchag]

Thank you for your response.

If I currently file on EB3, and later if company changes my job description, gives me a senior role, can i apply for 'Update Category to EB2 from EB3'?

Is that possible?

[JoeF]

No. It would have to be a new application from scratch. And it would only be possible if the new job is at least 50% different from the current job.

[ashuneel]

New job in the same company has to be 50% different to file new GC.  It is possible but rarely happens.