Requirements for EB2 Classification

[sparky_jones]

If the primary requirement of a job is Bachelor's plus 5+ years progressive experience, and the alternative requirement is Master's plus 3 years experience, would that job be classified as EB2 by the USCIS? The vast body of the information on the Internet, and the USCIS policy documents seem to suggest this. However, some sources insist that the USCIS requires a Master's degree to be the minimum primary requirement of the job to come under EB2. A person may qualify for the job via BS + 5 through the alternative requirements, but the job itself must require an MS as a primary requirement. Is this true?

[probe]

I presume Attorney's insist on Masters or Job title that satisfies EB2 Classification requirements. I learnt this from my work place, but companies resist to apply Green card and they would put every hurdle they can think off in your path.
Anyways I would like to learn more from other posters.

[sparky_jones]

Some attorneys insist that MS must be a primary requirement, while a large majority seem to be of the opinion that even if the primary requirement is BS+5, it should be fine for USCIS to approve as EB2. Shouldn't this be a black-or-white matter? Which is correct?

[sathishav]

Some attorneys insist that MS must be a primary requirement, while a large majority seem to be of the opinion that even if the primary requirement is BS+5, it should be fine for USCIS to approve as EB2. Shouldn't this be a black-or-white matter? Which is correct?

Sparky,

Its BS (4 years) + 5 Years progressive experience excluding sponsoring emp.
or BS(3years) + 2 yrs MS (MCA) + 2 Years progressive experience excluding sponsoring emp.
or US MS 0-2 Years experience.

Your job requirement should need that and I know some companies don't do eb2. I am working with 2 guys who have US MS, but still in eb3. If you search this forum for "interfile" or "porting" you will see a lot of success stories.

Make sure your attorney and company are in the same boat and kick off the process.

All the Best!

[sparky_jones]

Sparky,

Its BS (4 years) + 5 Years progressive experience excluding sponsoring emp.
or BS(3years) + 2 yrs MS (MCA) + 2 Years progressive experience excluding sponsoring emp.
or US MS 0-2 Years experience.

Your job requirement should need that and I know some companies don't do eb2. I am working with 2 guys who have US MS, but still in eb3. If you search this forum for "interfile" or "porting" you will see a lot of success stories.

Make sure your attorney and company are in the same boat and kick off the process.

All the Best!
Thanks.

My company's agreed to sponsor for EB2. For that matter, they made the min requirement as BS+7. I am a little concerned about the possibility of business necessity audit, but the attorney says DOL is not so hung-up on this, as long as the job description and title adequately back-up the requirement, and the company is ready to pay the prevailing wage that results from the higher requirements. The job in question actually requires min BS + 10 at the company, which is the minimum qualification for the folks who are in similar positions. I have done all sorts of research around the SVP and Job Zone classifications, and feel there's a risk of business necessity audit, but am going to leave it up to the attorney. We are in the final recruitment steps, so the requirements cannot be reversed.

I have BS + 11 (prior to joining this company) and also an MS from US.

[cleopatra]

Sparky,

Its BS (4 years) + 5 Years progressive experience excluding sponsoring emp.
or BS(3years) + 2 yrs MS (MCA) + 2 Years progressive experience excluding sponsoring emp.
or US MS 0-2 Years experience.

Your job requirement should need that and I know some companies don't do eb2. I am working with 2 guys who have US MS, but still in eb3. If you search this forum for "interfile" or "porting" you will see a lot of success stories.

Make sure your attorney and company are in the same boat and kick off the process.

All the Best!

Just to clarify, you can include the sponsoring employer experience if the job duties are atleast 50% different from the job duties in which you gained the experience with the sponsoring employer.

Also, I am not sure about 3 year BS degree as I see in the forums that if you don't have 4 yr BS degree, they are not qualifying it for EB2 nowadays. But I am not sure about this.