my take on it: if your job requires just the bachelors. then even if you have masters you cannot file as EB-2 because job only requires bachelors and no experience. (i.e. EB3). It does not matter what your qualification is but Labor is to prove that they do not have PEOPLE TO WORK with that minimum qualification for that job in that LOCATION for that EMPLOYER. { please talk to your lawyer for more information } labor as far as I have understood/known is for the POSITION, EMPLOYER and LOCATION. so even if you do not have Labor in your name you can use it.{if it exists for the POSITION, and LOCATION and of course for the same EMPLOYER} when you file I-140 { this is where your name is added/assigned to particular LABOR}