Bachelors (3 year) + Masters (2 year) at India - - - Qualify for EB2?

[Vivekhv]

Hello,

I have Indian 3 years Bachelors Degree + 2 years Masters Degree + 10 years of expereince. I wanted to know if I qualify for EB2 category.

[raghvi]

Hello,

I have Indian 3 years Bachelors Degree + 2 years Masters Degree + 10 years of expereince. I wanted to know if I qualify for EB2 category.

You have to realize, that its always the Job first that determines whether it belongs to EB1/EB2/EB3 category, not employee credential. So if the job that you would be doing for the company doesnt require EB2 candidate then even if you are eligible for EB2, you cannot apply under EB2. Its like the job needs EB2 candidate and this particular candidate based on this educational evaluation is EB2 qualified hence fits into our requirement. It not that this candidate has EB2 satisfying requirements hence we need him/her to do this EB1/EB3 job.

Example, a XYZ technology programmer profile/job can be accomplished by basic Bachelor's or equivalent, and DOL determines that EB3 candidate can accomplish these tasks then even if you hold a Master's or Ph.D degree the employer would only be able to apply in EB3 because the underlying job doesn't require a EB2/EB1 qualified candidate. Similarly, if the employer needs to fill a CEO/CIO/Research Scientist head etc post then obviously the job description will mostly merit an EB1 candidate hence a person would have to be having the right experience and education to qualify for that job.

Also, EB1/EB2/EB3 have different compensation constraints so many companies arent to keen on filing an EB1/EB2 if the job doesnt actually require a EB1/EB2 as then the compensation would have to be matched.

This is my opinion not legal advice.