Posted by: sumiit September 4, 2008
EB2/EB3 confusion
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This thing should not be misunderstood while determining the category, either EB2 or EB3. It is not your qualification that determines the category, it is the Job description that determines the category. However, you should be qualified enough  (education wise and experience wise) to work for the job as described.

If you have masters degree and/or this many years of experience but if your job does not require that qualification, then you will not be able to file in EB2. You need to have a job that REQUIRES those qualifications.

Sheetalb, check with some lawyers and provide them your exact job description. They will let you know if your job qualifies for EB2 or not. About salary, it also depends on the job description and the city where you are working. Your attorney will request the "prevailing wage" for the state department of labor (not sure about the agency though) for that job description. Your company does not need to pay you the salary before you get your greencard. If they have paid you more than the minimum salary for the job, then that is good because the USCIS will not need to know if the company is financially capable of paying you the minimum salary, since they have been paying it right now, if they have not paid you the minimum salary, they might want to see the company's financial capability.

so, again, it is the job description that determines if you can apply under EB-2 or EB-3.

Goodluck!

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