Posted by: guy_tensed October 19, 2012
EB2 Green Card
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Laure Boi,

First of all to qualify for EB2 category, your position has to require Masters degree or Bachelor +5 years experience. Otherwise you can't qualify for EB2 category.

It's little hard in IT because most jobs require Bachelors degree with 2-3 years experience and you'll not be qualified for EB2 unless you have Bachelor +5 years exp (or Masters degree).

Also, how can a company prove that they couldn't find any American worker to fill the  position. Could language play any role in doing so?

To prove your company can't find any american worker, they'll have to go through a very complex process knows as "Labor Certification" from Department of Labor (This process is MANDATORY to file under any EB category green card).

This process involves posting a vacancy announcement in the company website, online job websites and local newspaper for 30-60 days.
Then they'll have to conduct interviews and stuff and prepare a Recruitment Report (how many they denied and for what reason etc)
After that your company will apply for your PERM (Labor Certification) to department of labor which then takes about 4-6 months if it does not get audited. If audited add another 6 months.

Then you apply other immigration steps, I140 and then finally I-485.

Yes your company will have to show their financial statement (tax return etc) to show that they have enough money to pay your salary ....

You'll need an immigration attorney.

Good luck.
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