EB3 vs EB2 based on Firm?

[laxmi1919]

My company is filing a green card for me. I have done my Masters in the US and also have more than 8 years of experience. But still the immigration team says they have to apply in EB3. Here are their reasons that they provided me:

- The minimum requirements for my position is Bachelors + 2yrs of exp. (which is actually not true, as the position requires more than 8 years)

- They say DOL takes surveys and determine the entry requirements for the positions(its not under control of me and my manager). They say Database Administrator is not considered an EB2 (Given that I already have an EB2 I140 in the same position with my previous employer)

My manager is in complete favor of me, but this is all mentioned by my immigration and they also mentioned the HR decides the job description and they cannot change them.

Is all the above true? Does the DOL categorizes the DBA as EB3 by default? Please help me.

[newtype]

My company is filing a green card for me. I have done my Masters in the US and also have more than 8 years of experience. But still the immigration team says they have to apply in EB3. Here are their reasons that they provided me:

- The minimum requirements for my position is Bachelors + 2yrs of exp. (which is actually not true, as the position requires more than 8 years)

- They say DOL takes surveys and determine the entry requirements for the positions(its not under control of me and my manager). They say Database Administrator is not considered an EB2 (Given that I already have an EB2 I140 in the same position with my previous employer)

My manager is in complete favor of me, but this is all mentioned by my immigration and they also mentioned the HR decides the job description and they cannot change them.

Is all the above true? Does the DOL categorizes the DBA as EB3 by default? Please help me.

If your job minimum requirement is bachelors plus 2 years of experience, then you do not qualify for EB2, regardless of your qualification or what you think the job requires. USCIS only looks at what the job requires minimally, not what an average applicant are expected to have.