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.
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.
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.
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.