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Immigration Issues/Labor Certification under EB2

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Question
My husband is applying for GC through his employer. He is a System Engineer,he has a MBA in a USA university and he has 6,5 years of previous work experience. Right now he is working as a Senior Consultant for a big consultant company is USA. 2 months ago the lawyers said to him that he was qualified to apply under EB2 based in his previous work experience (more than 5 years), they said to him that he can't use his MBA because his actual position doesn't required a master degree. However, now they recommend to apply under EB3 because they say that if he apply under EB2 his labor certification maybe audit and even denied. We are a little confused because we think that he qualified to get EB2 but the lawyers recommend EB3. We need to get a GC as soon as possible because he is on H1 but Iīm on H4 and I canīt work. What do you thin about that? It's very risky to apply under EB2? too many EB2 applications got denied?.

Thanks,


Answer
Adriana,
Though your husband is  qualified to apply under the EB-2 category, the employer should need at the minimum a Master's degree to effectively perform the job duties. So the decision and requirements of the employer is crucial in deciding whether to file for an EB2 or EB-3.
If all the criterion are met there is no difference in risk involved in applying under EB-2 or EB-3.
Sincerely,
Ramasamy Krishnan
www.ashleykrishnan.com

Immigration Issues

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Ramasamy Krishnan

Expertise

Immigration particularly business immigration and National Interest Waivers.

Experience

I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan, www.ashleykrishnan.com

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