EB-3 vs. EB-2

[vanalten]

Hello,

I was in the process of getting ready to file an application as EB-2 when my lawyer told me that EB-2 required a management position. The company that is sponsoring me has no real employees besides the owners. For that reason, the lawyer told us that the company could not be considered big enough to have any employees under me that I would be managing. He said that we therefore had to file as EB-3 (non-manager) instead of EB-2 (manager).

In the meantime, the entire EB-3 application is through to a point were I am waiting for my 2006 priority date to be reached, which will probably take a few years.

Coincidentally, I just came accross some webpages, including the one of the state department, which say that EB-2 does NOT require a management position (only EB-1) does. They further say that EB-2 requires a BS + 5 or more years experience.

I have a MS and over 7 years experience (so even back when we started filing I, had more than 6 years).

Should I really have filed EB-2 instead of EB-3 - meaning my lawyer was wrong? What would be involved (steps and time) into changing my EB-3 to an EB-2 category in order to take advantage of the much shorter wait time?

Would it make sense to upgrade to EB-2? It seems like EB-2 applicants do not have much of a wait in terms of priority date / adjustment of status once the I-140 is approved.

Thanks a lot for your responses...

[mbpb]

I-140 petition under EB (2) was denied.

Department of Labor approved the Labor Certification but the I-140 petition under EB (2) was denied. The basis for the denial was the fact that the underlying labor application indicated that a degree in "any discipline" was required for the job. The field of study must be more specific in order for the occupation to qualify as a "profession" and be categorized as EB-2 or EB-3. Appeal has been filed against the decision and the same is pending. Has anyone faced the similar situation? If so, has it been approved or denied?

Please advice.

mppb

[GreatGuru]

There are very many non-manager jobs qualify EB2.

(E.g) Sr Analyst/ Programmer MS + 3yrs qualify EB2

Hello,

I was in the process of getting ready to file an application as EB-2 when my lawyer told me that EB-2 required a management position. The company that is sponsoring me has no real employees besides the owners. For that reason, the lawyer told us that the company could not be considered big enough to have any employees under me that I would be managing. He said that we therefore had to file as EB-3 (non-manager) instead of EB-2 (manager).

In the meantime, the entire EB-3 application is through to a point were I am waiting for my 2006 priority date to be reached, which will probably take a few years.

Coincidentally, I just came accross some webpages, including the one of the state department, which say that EB-2 does NOT require a management position (only EB-1) does. They further say that EB-2 requires a BS + 5 or more years experience.

I have a MS and over 7 years experience (so even back when we started filing I, had more than 6 years).

Should I really have filed EB-2 instead of EB-3 - meaning my lawyer was wrong? What would be involved (steps and time) into changing my EB-3 to an EB-2 category in order to take advantage of the much shorter wait time?

Would it make sense to upgrade to EB-2? It seems like EB-2 applicants do not have much of a wait in terms of priority date / adjustment of status once the I-140 is approved.

Thanks a lot for your responses...

[GreatGuru]

What was the job offered to you through this LC?

If it is IT/Computer related job , discipline should be computer Sci or Engineering.

BS litrature will not qualify for you a professional job.

Department of Labor approved the Labor Certification but the I-140 petition under EB (2) was denied. The basis for the denial was the fact that the underlying labor application indicated that a degree in "any discipline" was required for the job. The field of study must be more specific in order for the occupation to qualify as a "profession" and be categorized as EB-2 or EB-3. Appeal has been filed against the decision and the same is pending. Has anyone faced the similar situation? If so, has it been approved or denied?

Please advice.

mppb