Posted by: Biggy Small April 10, 2008
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explorer I don't think one automatically qualifies under the EB2 category just because they have an undergraduate degree and 5 yrs experience or a Masters Degree. There are a few criteria.
1. The job minimum education requirement has to be Bachelor + 5yrs experience or a Master degree
2. Than you need to meet that requirement (of course including other job requirements but DOL primarily focuses on education and experience).
3. If the Onet website job requirement lists that Undergraduate is usually the minimum requirement, than you and your lawyer will need to prove why is your particular case or company different. If you have others in the same position with the same requirement than it makes it easier.
4. Your company needs to verify that they tired their best to find an American candidate and either they couldn't find one or the ones who applied didn't qualify due to education or experience. DOL doesn't care about who is the better candidate if a foreign national is competing for a job against an American as long as the American meets the minimum requirements.
5. Your pay has to be comparable to the pay scale on Onet.
6. One critical thing I was told by my lawyer was I cannot use the experience I gained at my current job to apply for a green card. The only time you can do it is if you held two completely different positions at the same company. The reasoning is if your jobs minimum requirement was a BS+5, how did you get that 5 years ago without any experience. So technically it means you were able to do this job without any experience so its not a requirement. (I hope I was clear on my last point). Logically it made sense to me after my lawyer explained it. My job required Masters +1 and I had been at my job for over a year so I had when I applied for my GC I had Masters +2 but when I was hired I had Master +1 (which is the one that counts towards your GC application).
1. The job minimum education requirement has to be Bachelor + 5yrs experience or a Master degree
2. Than you need to meet that requirement (of course including other job requirements but DOL primarily focuses on education and experience).
3. If the Onet website job requirement lists that Undergraduate is usually the minimum requirement, than you and your lawyer will need to prove why is your particular case or company different. If you have others in the same position with the same requirement than it makes it easier.
4. Your company needs to verify that they tired their best to find an American candidate and either they couldn't find one or the ones who applied didn't qualify due to education or experience. DOL doesn't care about who is the better candidate if a foreign national is competing for a job against an American as long as the American meets the minimum requirements.
5. Your pay has to be comparable to the pay scale on Onet.
6. One critical thing I was told by my lawyer was I cannot use the experience I gained at my current job to apply for a green card. The only time you can do it is if you held two completely different positions at the same company. The reasoning is if your jobs minimum requirement was a BS+5, how did you get that 5 years ago without any experience. So technically it means you were able to do this job without any experience so its not a requirement. (I hope I was clear on my last point). Logically it made sense to me after my lawyer explained it. My job required Masters +1 and I had been at my job for over a year so I had when I applied for my GC I had Masters +2 but when I was hired I had Master +1 (which is the one that counts towards your GC application).