Minimum Job requirement for Green Card in EB2 category

[sobi]

Hello Folks,

As you all know in order to apply for GC in EB2 category, the job should require an advanced degree(like Masters) holder or bachelors with 5 years of experience.

1. What if my job at the time I joined the company, required bachelors as minimum qualification? in this case, can an employer still file in EB2 or do they first have to change the Job description to make Masters as minimum qualification to be able to apply in EB2?

2. Will USCIS ask for any proof of job advertisement to make sure it was advertised with Masters as min requirement when applying in EB2?

I would appreciate your responses.

Thank you.

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[lisaanderson]

Hello Folks,

As you all know in order to apply for GC in EB2 category, the job should require an advanced degree(like Masters) holder or bachelors with 5 years of experience.

1. What if my job at the time I joined the company, required bachelors as minimum qualification? in this case, can an employer still file in EB2 or do they first have to change the Job description to make Masters as minimum qualification to be able to apply in EB2?

2. Will USCIS ask for any proof of job advertisement to make sure it was advertised with Masters as min requirement when applying in EB2?

I would appreciate your responses.

Thank you.

You need to discuss this with an attorney. The minimum requirements listed on the PERM application should be the actual minimum requirements of the job. However, USCIS will not try to look back to see if the requirements listed on the PERM application and I-140 match those which were listed when you first took the job. DOL, however, might question the job requirements if they seem too high for the duties and skills listed.

[sobi]

Thanks Lisa. So for example, if the job's minimim requirement is Bachelors and "preferred" is masters, does it fit in EB2? I am a bit confused.


Many thanks.

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Your message was posted anonymously on our Facebook wall at http://www.facebook.com/desiopt1 on April 11th- Please review comments from other users.

[lisaanderson]

Thanks Lisa. So for example, if the job's minimim requirement is Bachelors and "preferred" is masters, does it fit in EB2? I am a bit confused.


Many thanks.

The employer can have alternative requirements. So, the employer can list their requirements as Bachelors + 5 or Masters + 2 (or 3). This must be discussed between the employer and the attorney.

[DesiOPT-FaceBook-Fan]

1 nope not for same position .
2 not uscis but dol will need that info .

[DesiOPT-FaceBook-Fan]

Your answer is in your paragraph before the questions
1.Yes if it is Bachellors + 5 Yrs exp. They have to change before releaseing the ad-
2.USCIS can and will ask for anything.

Now if you dont have 5 yrs exp then dont use any job ad asking for bachellors and less than 5 yrs experience for EB2

I am just a HR guy and not an attorney. My suggestions are from experience and should not be considered as legal advise. Always contact an Immigration attorney for legal advise.
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