DOL rejected my EB2 application

[whatissleep]

I am currently working as a Staff I Software engineer working in a semiconductor company. My company had filed for my PERM under the Staff II position with the requirements of MS + 0 years or BS + 6 years of experience around Mar 2015. In Dec 2015, I was informed that DOL has rejected the application stating that requirements MS + 0 years cannot be equivalent to BS + 6 years.

 

 

My Background : I did my Bachelors in Electronics and Telecommn from India and completed my Masters in Electrical Engineering from Los Angeles around May 2014. At the time of filing, I had 14 months of experience ( 8 months experience in India plus 6 months experience through Internships). I have been with the company for 1 year 8 months so currently I have 32 months of experience in total .

 

My Questions:

 

1. According to USCIS, anyone holding a advance degree qualify for EB2. What are the minimum requirements for EB2 according to the DOL? Why was my application not filed under my current Staff I position which requires MS + 0 or BS + 3 years of experience? 

 

2. Previously, the company filed the application by modifications to the general requirements of MS + 3 or BS + 6, so can the company file the application with the general requirements of MS + 3 or BS + 6 since I have almost gained 3 years of experience in total? Does the current company experience be counted while filing for the EB2 application?

 

3. Currently, my company has an internal policy that the application will be filed under EB2 only if you are Senior Staff position. This policy change happened in Oct 2014. They have told me that they would be filing my application under EB3. What should be the right way to proceed or how to request them to file for my application under EB2?

[waitingforgc1979]

As per the EB2 guidelines, MS+0 = BS+5 . I am not sure why your attorney added year extra making it BS+6.