Am I eligible to file my green card under the EB2 category? Job duties changed 60% on day i joined.

Asked 9 months ago - Fort Lauderdale, FL

I have an MBA + 10 yrs of experience. My green card was under the EB3 category in company A.

6 months ago I moved to company B and got a big promotion. We are about to apply for the green card in company B. I joined company B through a headhunter and was just given the job description they have on file.

I wish to file my green card under EB2. Job description Company B has on file says: • 3 to 5 years analytical experience AND • 3 to 5 years job related experience required • Bachelors degree in related filed.

Also on the day i joined I found out that 60% of my job functions will be different from what I was hired for due to a re-org that occurred 2 days before I started work at Company B.
Am I eligible to file under EB2 OR can I ask HR to re-define my job duties ?

Attorney answers (3)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree

    Answered . File a new PERM under the EB2 category.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Giacomo Jacques Behar


    Contributor Level 20


    Lawyers agree

    Answered . If you ask HR to define your job duties you are almost assured of the PERM being denied or facing great difficulties.
    Whether that particular job will be deemed to be of an EB-2 caliber by DOL will depend on a multitude of fact specific factors, including: the job duties; the industry & occupation and whether or not DOL will deem the job duties, as well as the educational and experience requirements for the job as being "normal" for the occupation or not, to say the least. It is impossible to answer your question without thoroughly examining all the above factors, and much more.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  3. Jeffrey Adam Devore


    Contributor Level 20


    Lawyers agree

    Answered . Under these facts the minimum acceptable requirements appear to be a bachelor's degree in 3 years of experience (the experience requirements can overlap). In such a case the job will not qualify for EB-2.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for... more

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