| Q. |
Should I file PERM in EB2 or EB3?
Hi,
here are my Education Details:
Bachelors (3 years): Bachelor of Computer Applications (BCA)
Masters (3 Years): Master of Computer Applications (MCA)
I was also enrolled in Phd program in a top 100 state university in United States. I completed 2 years of course work there (24 credits) but withdrew because of financial reasons and joined my current employer.
Experience: 1 year after MCA and now 2 years have been working with my current employer.
Please help me out in deciding whether to file as EB2 or EB3 and what are the chances of approval, if job decsription on Labor says Masters with 0 years of experience.
Thanks.
User's Location:
Santa Clara, California, United States of America
Category:
Employment-based Green Card
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| A. |
The decision whether or not to file an EB-2 or EB-3 depends MORE upon the job title being offered and what the employer's/sponsor's actual requirements are THAN your qualifications. Of course, you must be qualified for the position being offered, but equally important is that a master's degree (or a bachelor's degree plus five) is NOT UNDULY RESTRICTIVE for that occupation. The normal minimum requirements for each job title are listed by the U.S. Department of Labor, so if the employer requires more (which is not recommended), it must show why it needs someone more qualified; this is not easy to do.
Therefore, the answer to your question will depend upon the type of company that is sponsoring you in the PERM labor certification process, and whether or not it can find a position for you that will justify requiring an MCA degree. If so, then you probably can proceed with the much faster EB-2. If not, then you will have no choice but to file an EB-3.
If the job title being offered matches with the normal minimum requirements (listed by the DOL) for that job, AND you qualify for the job, AND there are no potentially qualified (ready willing and able) U.S. workers who respond to the employer's good faith recruitment efforts, then your chances for approval are extremely high. |
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Fredrick W. Voigtmann
Immigration Lawyer
Inman and Associates, P.C.
(310) 274-7111
www.igvlaw.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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