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Can the employer starts filing the recruitment materials for the greenCard under EB2 if I haven't obtained my master yet??

Somerville, MA |

I haven't obtained my master degree yet. when I asked the employer to start filing my greencard process, he said that "The position can be for prospective employment, meaning a job in the future. There is not a requirement that you actually be in that position when the case is filed.

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Posted

The employer is correct that a labor certification is for a job offer in the future. There is no requirement that the alien be holding the position that is the subject of the labor certification at the time the application is filed. However, the alien must satisfy all of the job requirements at the time the application is filed. In your case, if the employer is requiring a masters degree and you will not obtain one until after filing, the application will be denied due to the fact that you did not satisfy the minimum requirements for the job. The employer needs to consult with legal counsel before it gets into an expensive mistake.

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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Posted

Thanks for your comment - I need more info please, the comment state 2 things. The first thing is that There is no requirement that the alien be holding the position that is the subject of the labor certification at the time the application is filed. But the second statement states that the alien must satisfy all of the job requirements at the time the application is filed. Would you tell me please, are you talking about PW for the job or I-140/I-485 filing? Best regards..Thanks!! Would you please tell that, are you talking about the

Jeffrey Adam Devore

Jeffrey Adam Devore

Posted

It means exactly what it says. The alien does not have to be employed in the job at the time of filing. However, the alien must satisfy the job requirements at the time the application is filed. For example, if the job requires a bachelor's degree in a particular field and 2 years of experience in the job offered then the alien must satisfy those requirements at the time the labor certification application is filed with the Department of Labor. The alien cannot obtain the required education and/or experience while the application is pending or later in the process. The labor certification process is complicated. I strongly suggest that the employer retain qualified counsel to assist with the process. There are lots of pitfalls for the unwary.

Posted

That is not a good idea. You need to have been fully-qualified for the job before the recruitment process starts ... unless the employer is willing to state that the person can become qualified prior to starting work.

BE FOREWARNED ... this means that any US Citizen or LPR holder in a Master's program can apply and beat-you-out of this job.

This isn't a wise idea and I'm certain that this is what the employer's immigration lawyer will tell you two.

Thus, don't talk to us ... talk to the employer's immigration lawyer ... not a non-attorney in hr.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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Posted

I think the best thing for you to do is to sit down with your employer, HR, and the company's immigration attorney and discuss these issues. And your company is using a reputable immigration attorney, right? Because there's nothing easier (and more expensive) to screw up than an EB-2 visa petition. I think that advice is more valuable than actually answering this specific question.

This answer is only for general information purposes. It does not establish an attorney-client relationship. The answer I gave is based only on the facts that you have presented in your question and might change if the facts are different.

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Only if the employer wants to have a denial.

Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through http://www.ailalawyer.com.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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