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

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

Posted

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 construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Posted

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 experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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Posted

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 general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.

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2 comments

Asker

Posted

Mr. Devore, Since my actual duties are more than 60% different under company B, from the day I joined. Would I be eligible for EB2 if HR gave me another title, defined my current duties and required 5 years of experience for the new post? There is another re-organization coming in my workplace where my duties may change yet again, and are different from the duties specificed when I joined the company 5 months ago. I am still very qualified for the new duties.

Jeffrey Adam Devore

Jeffrey Adam Devore

Posted

In order to be eligible for EB-2 (under these circumstances) the job must minimally require either an advanced degree or a bachelor's degree plus five years of related experience. If you met the qualifications at the time of hire then you met the qualifications.

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