Is GC filing under EB2 dependent on the LCA filed for H1B


checkme

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Hi,

 

I have 10+ years of experience with Masters Degree, working as a business Analyst in company A with annual salary of 85K. My employer is planning to file my GC under EB3 category even though I fulfill all the requisites for an EB2. The reason they are saying is they have filed my LCA under EB3 category and hence GC can be done only as EB3. Also they told me that my salary is lower than the prevailing wage rate for EB2.

And if I want my GC to be done under EB2 category, they are saying that they will have to re file my LCA and H1b, which im really unsure of.

 

Details from LCA -

1. Job Title - Business Analyst

2. SOC Code - 13-1111

3. SOC Title - Management Analyst

4. Rate of Pay - 74K to 89K

5.Wage Level - II

6.Prevailing wage - 74K

7 Prevailing wage source - OES

 

Also I checked the prevailing wage rate from FLCDatCenter for the SOC code. It is as below

Level1-48K

Level2-65K

Level3-82K

Level4-100K

Mean Wage - 82K

 

As per the this details, I'm above level 3, but my LCA said my Wage level is 2.

 

Can you please advice me the best possible way to file under EB2 category ?

Awaiting your reply

 

Thanks in advance

Neha

 

 

 

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Thanks JoeF for the quick reply.

 

So how can we change the job description ? Will they need to file a new LCA with the new job description which fulfills the EB2 position ? Or while filing for GC itself can they show that I have been promoted to a Sr Business Analyst which matches the EB2 job duties ? (My employer will be ready to give me a promotion and a hike)

 

Please let me know the best possible way to file under EB2

 

Thanks,

Neha

 

 

 

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The job description can not be tailored to your situation. That would be immigration fraud.

It has to be common to the industry.

The GC would have to be for a different job that is at least 50% different from the current job and that requires an advanced degree.

Your past promotions don't matter. In fact, they can't be used, because an outside applicant would not have that benefit of getting promoted from the inside.

Your lawyer (you have one, do you?) can explain all that in detail.

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  • 3 months later...
Hi,

 

I am an H1B with 8-9 Yrs of IT experience.

Am I eligible for EB2 in starting Green card process.

My current employer is initiating this process soon.

Below details are from LCA of the current H1B petition

 

Job Title: SENIOR BUSINESS CONSULTANT

SOC Code: 15-1121

SOC Title: COMPUTER SYSTEMS ANALYST

Rate Of Pay: 115k-125k

Wage Level: II

Prevailing Wage:71094

Prevailing Wage Source: OES

 

Also, the LCA also states as in the image:


 

May I know if the LCA information or the recruitment and advertisement part of the Green card process derives the EB2 criteria.

 

What can I do such that I can file my GC process in EB2?

 

Appreciate your inputs..

 

 

Thanks

Kiran

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As was explained before, the job requirements determine the category.

You could have a PhD, if the job only requires a bachelor degree, the case would still be in EB3.

The LCA is for the H1. For the GC, it is a different (and stricter) recruitment process.

But of course, the job requirement for the same job can't just "magically" change. That would be immigration fraud.

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