EB2 or EB3 - What does Rules Says?

[ramanpreetji]

Hi There

 

Need urgent help - My company is filing my GC and I am on first stage of filing a PERM, where there is a step to decide EB category and my company says I am only eligible for EB3 based on my Educational Qualification and I am not eligible for EB2.

 

My Experience and Qualification

I have Bachelors of Commerce (B.Com) from Delhi University - Regular

 

My Experience

Current Company -  9 Years of experience as a Senior Manager (6.5 years India and 2.5 years USA)

Last Company - 3 years as Technical Engineer

 

My Job Role as per Current LCA

my current Job Role as per current LCA is Project Manager - which needs 8+ years of experience and in the Company system I am handing a much bigger role which is equal to Associate Director. If I am permoted this year I would be AGM.

 

Please let me know can my company force me to apply in EB3, or I can tell them I can legally go for EB2.

does it depends on the Job Role they are posting in my GC as well?

 

Please help me in understanding in what all circumstances I can be eligible for EB2.

 

They are reputedly saying that I am not eligible on my education, when I asked them on my Experience and job role they are not answering my question.

 

give me my options please help.

[rahul412]

It's the GC job description that decides the EB category. And for EB2, min req is to have advance degree or its equivalent work exp directly from the field related to GC job.

[JoeF]

The job requirements matter. And experience gained in the company can not be used, unless the GC job is 50 % different from the current job.

[sridharsellaiah]

Hi,

 

Help needed. My company has initiated Green card process for me, and the attorney is saying I'm not eligible for EB2 as per the job requirement.

 

The job requirement states Bachelor degree and 5+ years of experience.

But it does not mention anything about advanced degree or masters.

 

Does mentioning Advanced degree/masters in the job requirement mandatory for filling under EB2 or mere mentioning of Bachelor degree with 5+ years of experience is enough to file under EB2.

 

Thanks!