Posted by: Biggy Small June 19, 2010
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Hi Firante,
I didn't get a green card based on undergrad and 5 years of experience but on Masters and year of experience. I applied under EB2 too. From what my lawyer had explained to me, the job requirement is the primary criterion for EB1, 2 or 3.
I was under the impression that as long as I have a Masters degree or Undergrad with 5 years I can apply for EB2 regardless of the job. So if your job requires an undergrad and 5 years experience and that's how they have always recruited for your position at your company than it should be fine, otherwise your company has to explain the special circumstances. Lawyers want to avoid audits because its more paperwork for them.
These are few things (among a long list) to look at to see if you qualify and/or will not end up being audited in your Labor Cert.
a. What is the minimum requirement for your position as described by the Department of Labor? (I think its on the Onet site, but not sure)
b. Does your company have multiple positions with similar title? If so, all of them have similar credentials as advertised in your recruiting circulations? In other words has your company always hired people with an undergrad degree and at least 5 years of experience for that position.
c. If this is a new position at your company than does it match the minimum requirements as described by DOL?
You may (and I use the word may coz you never know) fall into an audit if any of the conditions aren't met so your lawyer and company needs to be prepared to answer why the special circumstances. Hope this helps.
I am no lawyer and I was only explaining my personal experience