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anishNewbie
09-02-2009, 03:42 PM
Hey guys,

I am new to all this completely. So please do help me out. I am sorry if it is a repost..

My Qualification:
Bachelor's Degree in Computer Eng
Masters Degree in Computer Science
Nationality: India
Experience: 6 months (don't have docs to prove it though now..)

I would like to file my GC under EB2.

As per my little internet knowledge, is it true that for base requirements under EB2 are - MS + 0 years exp (Please correct me if i am wrong here) ???

I know one has to also prove that the job requires a MS degree ?? How can a lawyer suffice that requirement ?? Does 1 have to specify all latest hi-fi technologies for that in form ETA-750 #15 ??

Are there any other requirements of applying under EB2 like jobzone or sth else ??

So to apply under EB2 one should belong to O*Net™ JobZone 5, since i am comp eng/software developer i belong to category of O*Net™ JobZone 4.

So for applying EB2 under O*Net™ JobZone 4, do i have to show some experience related to that field/job ?? (Really confused about this one) ????

So say for example, I would be applying under :

OES/SOC Title: Computer Software Engineers, Applications
Level 1 Wage: $30.42 hour - $63,274 year
Level 2 Wage: $37.60 hour - $78,208 year
Level 3 Wage: $44.79 hour - $93,163 year
Level 4 Wage: $51.97 hour - $108,098 year
GeoLevel: 1

15-1031.00 Computer Software Engineers, Applications

Develop, create, and modify general computer applications software or specialized utility programs. Analyze user needs and develop software solutions. Design software or customize software for client use with the aim of optimizing operational efficiency. May analyze and design databases within an application area, working individually or coordinating database development as part of a team.
O*Net™ JobZone: 4
Education & Training Code: 5-Bachelor's degree


So when i apply under JobZone 4(looks like it is a Bachelors degree level zone) for EB2, what should be my minimum level of wage as per PWD?
I heard it should be a minimum of level 2, is it true ????????

Please do try to answer my queries.. I am already late.. It would be a gr8 help.. Thank youu

Thanks,
-- Anish

Ramba
09-02-2009, 04:07 PM
Hey guys,

I am new to all this completely. So please do help me out. I am sorry if it is a repost..

My Qualification:
Bachelor's Degree in Computer Eng
Masters Degree in Computer Science
Nationality: India
Experience: 6 months (don't have docs to prove it though now..)

I would like to file my GC under EB2.

As per my little internet knowledge, is it true that for base requirements under EB2 are - MS + 0 years exp (Please correct me if i am wrong here) ???

I know one has to also prove that the job requires a MS degree ?? How can a lawyer suffice that requirement ?? Does 1 have to specify all latest hi-fi technologies for that in form ETA-750 #15 ??

Are there any other requirements of applying under EB2 like jobzone or sth else ??

So to apply under EB2 one should belong to O*Net™ JobZone 5, since i am comp eng/software developer i belong to category of O*Net™ JobZone 4.

So for applying EB2 under O*Net™ JobZone 4, do i have to show some experience related to that field/job ?? (Really confused about this one) ????

So say for example, I would be applying under :

OES/SOC Title: Computer Software Engineers, Applications
Level 1 Wage: $30.42 hour - $63,274 year
Level 2 Wage: $37.60 hour - $78,208 year
Level 3 Wage: $44.79 hour - $93,163 year
Level 4 Wage: $51.97 hour - $108,098 year
GeoLevel: 1

15-1031.00 Computer Software Engineers, Applications

Develop, create, and modify general computer applications software or specialized utility programs. Analyze user needs and develop software solutions. Design software or customize software for client use with the aim of optimizing operational efficiency. May analyze and design databases within an application area, working individually or coordinating database development as part of a team.
O*Net™ JobZone: 4
Education & Training Code: 5-Bachelor's degree


So when i apply under JobZone 4(looks like it is a Bachelors degree level zone) for EB2, what should be my minimum level of wage as per PWD?
I heard it should be a minimum of level 2, is it true ????????

Please do try to answer my queries.. I am already late.. It would be a gr8 help.. Thank youu

Thanks,
-- Anish

You are asking too many question on complex matter. Google for Eb2 and you will get tons of information. Any way, for EB2, both labor department and USCIS has somewhat opposite requrirements. Labor dept goes by what MINIMUM required for job; so that US citizens are not rejected. Most of the engineering occupation (including IT) falls in job zone 4; which typically requires Bachelors degree as minimum requirement. For USCIS, to qualify for EB2, the job should require either MS degree (with or with out work experince) or BS+5years experience. If your employer requires MS degree for job zone 4 occupation; LD may rise a red flag. If your employer requires MS degree, they should be in a position to justify it, if they asked. The wage level depends on the position reqirements. For example, for entry level job in zone 4, if the requirement is just a BS degree (with no exprenence), then the wage level may be 1. If the job is more complex and requires more and more experice, the wage level goes accordingly higher level. State labor dept will determine the wage based on requirements for the job.

va_dude
09-02-2009, 04:46 PM
Part of the labor process is advertising the job position along with requirements, qualifications, etc in the city's major newspapers. So first of all the qualifications on that ad would have to say MS required (not preferred).

Sure they can tag on a bunch of other things in the qualifications if the job warrants it and this will effectively eliminate unqualified potential applicants. But yes, they have to prove that folks who applied did not qualify to justify hiring you.

Just my 2 cents. Talk to your attorney and employer.

DSLStart
09-02-2009, 05:36 PM
For EB2 you'd need Level 3 wages.

ruchigup
09-02-2009, 06:09 PM
I think that's not true. I am EB2 and never was making this much at the time my labor and I-140 were filed.
For EB2 you'd need Level 3 wages.

anishNewbie
09-02-2009, 06:54 PM
Thanks for the replies every1 and sorry for posting so many questions together..

So as per@ramba.. Salary level can be from 1 to 4
So as per@dsl..Salary level should be min 3
So as per@ruchigup..Salary level can be from 2.

:confused:

I wish i can have more opinions on this..

Say for eg: My lawyer files my LC with MS+0 Exp...
My job zone 4 has a min. requirement of bachelors degree would put them at level 1... So a guy like me, who has a masters degree which is equivalent to BS +5 .. What should be the minimum level of wage be ?? (Level 2 or Level 3/4 :confused:) ????

In similar way, so if some1 applies in with MS+1exp ..his PWD level may increase ...

All your inputs are very valuable... Please do repond to my queries..

Ramba
09-02-2009, 07:19 PM
Thanks for the replies every1 and sorry for posting so many questions together..

So as per@ramba.. Salary level can be from 1 to 4
So as per@dsl..Salary level should be min 3
So as per@ruchigup..Salary level can be from 2.

:confused:

I wish i can have more opinions on this..

Say for eg: My lawyer files my LC with MS+0 Exp...
My job zone 4 has a min. requirement of bachelors degree would put them at level 1... So a guy like me, who has a masters degree which is equivalent to BS +5 .. What should be the minimum level of wage be ?? (Level 2 or Level 3/4 :confused:) ????

In similar way, so if some1 applies in with MS+1exp ..his PWD level may increase ...

All your inputs are very valuable... Please do repond to my queries..


It can be either 2 or 3, depends on how the requirements for the job is drafted. For example, if you need to supervise some peoples, the level will be higher. It all depends on the requirements(education, training, experiecne, special skills). If the requiremets are not normal (for example requireing MS degree for the occupation requires only BS), then the level will go up. Get a lawyer to help.

Ramba
09-02-2009, 07:23 PM
It can be either 2 or 3, depends on how the requirements for the job is drafted. For example, if you need to supervise some peoples, the level will be higher. It all depends on the requirements(education, training, experiecne, special skills) for the job. If the requiremets are not normal (for example requireing MS degree for the occupation requires only BS), then the level will go up. Get a lawyer to help. The other downside, if a job just requires MS+0 exp, there may be a tons of US citizens qualifes for the job; your employer not able to apply LC, on top of that MS may be the restrictive requirement for IT jobs..

anishNewbie
09-02-2009, 08:41 PM
Thanks a lot for the reply Ramba...

Guys.. any1 who has applied for EB2 as MS +0/MS+1 can tell his/her PWD(Prevailing Wage Determination) level ??????

Thank yoy every1

EB-VoiceImmigration
09-02-2009, 11:06 PM
1) Your position/job has to qualify for EB2. This means minimum of Bachelor Degree + 5 Yrs of experience in related field, or MS Degree (advisably, but not necessarily with some exp). Because no one will take people into such high skilled position with out experience.

- so if ur manager or HR says educational qualifications for ur job/position is above then it will qualify for EB2

2) Wages are based on ur job + Location(they vary by city.. i have my personal experience). Not sure about the job zone stuff u posted but based on the qualification mentioned and the ONet code ur job qualified for , you should be getting minimum wage salary for that. whcih will be listed/determined by some agencies.

3) Coming to posting ur job ad. make sure it lists EB2 Qualifications and more importantly make sure u have those qualifications

MOST LIKELY(almost 100%) u will get RFE to prove ur job position qualify for EB2 and u have those qualifications.

All the best.

dohko
09-03-2009, 12:14 AM
Mine was EB2, MS+0. But mine is not in IT, was in Market Research. And it was level 1.

anishNewbie
09-03-2009, 01:04 PM
Thanks for all the awesome replies.. its making stuff much clearer..

OK.. After extensive reading on this topic yesterday.. I got to this article from(see below)..

So as per calculations..

BS + 5 = MS + 0 -- Qualification for EB2

Job Zone 4 - Entry level 2 requirement is BS + (0 exp) -- So this one does not qualify for EB2
-------------------------------CUT OFF for EB2------------------------------------------------------
Job Zone 4 - Qualified level 2 requirement is BS + (X exp) - Since this is BS + X year .. so if X is 5 i.e. BS +5(MS+0)..this one can qualify for EB2...
Job Zone 4 - Experienced level 3 requirement is BS + (XX exp)
Job Zone 4 - Fully Competent level 4 requirement is BS + (XXX exp)

So as per this.. minimum qualification should be atleast level 2.. right.. ????? :confused:

Selecting level 1 would be better of applying in EB3 i guess...(but that would be a waste of my masters)..

Main Problem.. my wage is even way below level 1.. :( :( :(

Thank youu....

Below stuff is just for reference...

JobZone Four: Considerable Preparation Needed

Experience: A minimum of two to four years of work-related skill, knowledge, or experience is needed for these occupations. For example, an accountant must complete four years of college and work for several years in accounting to be considered qualified.

Education: Most of these occupations require a four-year bachelor's degree, but some do not.

Job Training: Employees in these occupations usually need several years of work-related experience, on-the-job training, and/or vocational training.

Examples: many of these occupations involve coordinating, supervising, managing, or training others. Examples include accountants, human resource managers, computer programmers, teachers, chemists, and police detectives.

SVP Range: 7.0 < 8.0

Level I (entry) wage rates are assigned to job offers for beginning level employees who have only a basic understanding of the occupation. These employees perform routine tasks that require limited, if any, exercise of judgment. The tasks provide experience and familiarization with the employer’s methods, practices, and programs. The employees may perform higher level work for training and developmental purposes. These employees work under close supervision and receive specific instructions on required tasks and results expected. Their work is closely monitored and reviewed for accuracy. Statements that the job offer is for a research fellow, a worker in training, or an internship are indicators that a Level I wage should be considered.
Level II (qualified) wage rates are assigned to job offers for qualified employees who have attained, either through education or experience, a good understanding of the occupation. They perform moderately complex tasks that require limited judgment. An indicator that the job request warrants a wage determination at Level II would be a requirement for years of education and/or experience that are generally required as described in the O*NET Job Zones.
Level III (experienced) wage rates are assigned to job offers for experienced employees who have a sound understanding of the occupation and have attained either through education or experience special skills or knowledge. They perform tasks that require exercising judgment and may coordinate the activities of other staff. They may have supervisory authority over those staff. A requirement for years of experience or educational degrees that are at the higher ranges indicated in the O*NET Job Zones would be indicators that a Level III wage should be considered.
Frequently key words in the job title can be used as indicators that an employer's job offer is for an experienced worker. Words such as 'lead' (lead analyst) or 'senior' (senior programmer) or 'head' (head nurse) or 'chief' (crew chief) or 'journeyman' (journeyman plumber) would be indicators that a Level III wage should be considered.
Level IV (fully competent) wage rates are assigned to job offers for competent employees who have sufficient experience in the occupation to plan and conduct work requiring judgment and the independent evaluation, selection, modification and application of standard procedures and techniques. Such employees use advanced skills and diversified knowledge to solve unusual and complex problems. These employees receive only technical guidance and their work is reviewed only for application of sound judgment and effectiveness in meeting the establishment’s procedures and expectations. They generally have management and or supervisory responsibilities.