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  • EB2 question?

    I am about to start my GC process. My company initially said we would file under EB3 (BS+2yrs progressive experience) but after a discussion with me and the attorney they have decided to apply into EB2. My job title is WebSphere system administrator. As per the job requirements/qualifications, here's what the company has stated:

    Education: Masters Degree (or foreign equivalent) in Computer Science or any closely related field.

    Experience: 2 yrs of industry experience.

    Alternative Education/Experience: Bachelors+5yrs of professional post baccalaureate experience.

    Note: Employer will accept 3 or more years of professional experience in lieu of Bachelor’s degree plus 5 years of industry experience.

    Can such a note cause an audit or denial? Because EB2 specifically says Masters or Bachelor's+5 yrs experience.

    Thanks for your advice

  • #2
    I think if your PERM is approved, you may get EB-2.

    I am not sure why the employer would accept 3 yrs of professional experience in lieu of a BS, though.

    Lately, there has been a lot audits given to cases where the job requires a Master's degree asking for Business necessity in requiring a Master's degree.
    Check out H1 FAQs first!
    http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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    • #3
      Thank you DMX17.

      Actually the employer is trying to say that in lieu of BS+5yr experience we can also go with BS+3yr experience.

      Also, my employer has stated that under Educational qualifications "Master's in Computer Science or a closely related field". I have a Master's in Engineering. Can that be a problem because it is not in Computer Science?

      Again, thanks for you advice!

      Comment


      • #4
        Originally posted by dhootma
        Can that be a problem because it is not in Computer Science?
        It can be a problem during the I140 stage. Make sure the lawyers know what your educational background is. If they mess up during the labor process, you will be left high and dry later on.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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