EB2 without mentioning of Advanced/masters degree in job requirement


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Hi,

 

Requesting help.

 

My company has initiated the process for Green Card.

I have Indian Bachelor or Engineering (4 years) with around 10 years of experience.

 

The job requirement states Bachelor degree with 5+ years of experience and there is no mention of Advanced or Masters degree in the job requirement.

 

My attorney is saying we cannot apply under EB2 category since the job requirement does not state Masters degree in the job requirement and my company as well is not willing to add that as one of the acceptable qualification.

 

My understanding is if Advanced degree can be equated to Bachelor + 5years of experience, the reverse should also be implicitly true.

 

I see the below in the FAQ section http://www.murthy.com/2011/07/15/eb2-or-eb3-understanding-the-difference/

 

Can someone please clarify if i can get my GC done under EB2 category.

 

Thanks!

EB2 Based on BS Degree Equivalent Plus 5 Years Experience

Alternatively, EB2 qualification includes a position requiring a U.S. bachelor's degree or its foreign equivalent and five years of progressive (i.e. post-baccalaureate) experience. For cases filed on this basis, these requirements must be met in order for the USCIS to assign the EB2 classification to the petition. Thus, if an individual knows the requirements for the position, as stated in the PERM LC, this will indicate the case category.

 

 

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