EB2 vs EB3

[sa2000]

Hi, My company has been debating on whether I should be in Eb2 or EB3. I have a Masters degree but my company thinks that due to the recent change in the Department of Labor's interpretation of the education and experience codes that I might be at a higher risk for denial since my job actually does not require a Master's degree.

Is it true that the rules have changed and that it is hard to justify EB2?

The ROW for EB3 is March 2006 whereas for EB2 it is current. I was not sure if I should take the risk. In case I do and if it gets rejected can i still re apply through EB3?

Thanks.

[kshitijnt]

Originally Posted by sa2000

Hi, My company has been debating on whether I should be in Eb2 or EB3. I have a Masters degree but my company thinks that due to the recent change in the Department of Labor's interpretation of the education and experience codes that I might be at a higher risk for denial since my job actually does not require a Master's degree.

Is it true that the rules have changed and that it is hard to justify EB2?

The ROW for EB3 is March 2006 whereas for EB2 it is current. I was not sure if I should take the risk. In case I do and if it gets rejected can i still re apply through EB3?

Thanks.

If you have masters dgree and 1-2 years of exp. File EB2. However you need to deal with this tactfully. Does the job require masters degree? The employer has to say yes. Its depending on the job sescription in labor you can claim eb2 or eb3. So you will need employer to support your argument.

[meridiani.planum]

Originally Posted by sa2000

Hi, My company has been debating on whether I should be in Eb2 or EB3. I have a Masters degree but my company thinks that due to the recent change in the Department of Labor's interpretation of the education and experience codes that I might be at a higher risk for denial since my job actually does not require a Master's degree.

Is it true that the rules have changed and that it is hard to justify EB2?

The ROW for EB3 is March 2006 whereas for EB2 it is current. I was not sure if I should take the risk. In case I do and if it gets rejected can i still re apply through EB3?

Thanks.

yes if EB2 is rejected, you can still apply in EB3. Depending on circumstances you might have to start from scratch.
If I were in your place (ROW) I would go for EB2, its worth taking the chance.

Its the job that determines EB2vsEB3, not just your qualification.

[amsgc]

If you have a MS or PhD, you don't need any work experience to qualify for EB2. The requirment must be from the employer - they must be looking for someone with a Masters to get the job done. If the adjudicator has any doubts, then the employer will have to justify why they need someone with a Masters or Phd. You just have to have taken the desired courses, that's all.

Originally Posted by kshitijnt

If you have masters dgree and 1-2 years of exp. File EB2. However you need to deal with this tactfully. Does the job require masters degree? The employer has to say yes. Its depending on the job sescription in labor you can claim eb2 or eb3. So you will need employer to support your argument.

[h1techSlave]

I think the salary also matters a lot. An employer can not simply say the job requires an MS or PhD candidate and pay 50K for the job. In my firm, this was the reason they were very reluctant to file EB2 for many candidates who had MS.

[piyu7444]

Go for EB2 - just get one line added to your job description to save your and your comanys A$$

Education and Experience Requirements:

M.S. in Computer Science or Computer Information Science

At least 1 year experience in the job offered or in the related occupation as <ABC>.

[sa2000]

Thank you all..

[immique]

EB3 ROW is advancing fast and will be current soon. I think it is foolish for some one in EB3 ROW to try to switch EB2 as it will practically make little difference(no more than a few months). more over you will only invite increased scrutiny from DOL regarding EB2 application, pay etc. this will just delay things if not complicate them. I can certainly understand EB3 in retrogressed countries trying to switch to EB2 as there is considerable difference between the two. But that said if you strongly think that you will qualify for EB2 and if the employer is willing to support it, then go for it and take a chance. suggest that you talk to your company lawyer.

[piyu7444]

It would be simply delaying your own process by not filing under EB2. Some idiot gave me a RED DOT coz I suggested EB2 over EB3..........who so ever it was knows that he has no sense of the difference between the wait time between the eb2 abd eb3.

I am EB2 and whatever I have ACTUALLY done what I've suggested above so Mr Red Dotter - go get a life, screw yourself......you must be under eb4 lol