Hello Attorneys/Senior Members/Moderators,
My Qualification before joining my current employer : MS + 3 Years of Experience
"Minimum" Requirements of the Profile I'm hired for: BS+5 Years of Experience ( i.e. does NOT need /state a MS degree requirement)
Q.1. Does my employer have the ability to use my "MS+3 years of experience" qualification as a substitute for my job requirement that states "BS+5 years of experience" in order to initiate my green card process in EB2? ( I'm not asking if my employer can "tweak" the process, but want to confirm if it's legal to do this)
Q.2. If the minimum job requirements are "BS+6 years" and assuming the answer for Q.1 is "yes, legally allowed", then do I also need to have a minimum qualification equivalent to "BS+6 years" to qualify for EB2 Filing OR As long as I have the minimum qualification of "BS+5 years" OR "MS+3 years" as needed for EB2, I'm still eligible for EB2 though the job requires "BS+6 years"?
Thanks for the help!
My Qualification before joining my current employer : MS + 3 Years of Experience
"Minimum" Requirements of the Profile I'm hired for: BS+5 Years of Experience ( i.e. does NOT need /state a MS degree requirement)
Q.1. Does my employer have the ability to use my "MS+3 years of experience" qualification as a substitute for my job requirement that states "BS+5 years of experience" in order to initiate my green card process in EB2? ( I'm not asking if my employer can "tweak" the process, but want to confirm if it's legal to do this)
Q.2. If the minimum job requirements are "BS+6 years" and assuming the answer for Q.1 is "yes, legally allowed", then do I also need to have a minimum qualification equivalent to "BS+6 years" to qualify for EB2 Filing OR As long as I have the minimum qualification of "BS+5 years" OR "MS+3 years" as needed for EB2, I'm still eligible for EB2 though the job requires "BS+6 years"?
Thanks for the help!
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