Website Q & A - December 30, 2006
Can I do EB-2 Labor Certification as I Have a Master's Degree?
New York Li Reader asks:
I have a master's degree in architecture and work at a large architectural
firm with offices in several states as a job captain. I got the
job right after graduation and have been with the company ever since
(2 years). The company is now willing to sponsor me for the green
card through a PERM labor certification, but says that I am only
eligible for an EB-3 classification. Since I already have a master's
degree and it will take me a much longer period of time to get my
green card under the EB-3 category, can I qualify under the EB-2
category? How can I convince my company to let me apply under EB-2?
Dear reader:
An EB-2 classification for a person with an advanced degree in
a PERM labor certification application relates to the actual requirements
of the position at hand. For example, a Ph.D. in physics cannot
attain an EB-2 classification if his or her position only involves
counting inventory in the physics lab. In your case, the position
of a job captain is one that routinely does not require an advanced
degree. A large company usually has its internal description of
jobs including their requirements. Most large companies will not
choose to deviate from their normal procedure for one case. In addition,
even if the company was so willing, the Department of Labor will
look to see whether an advanced degree requirement is normal for
the occupation.
In your case, it is best to go with an EB-3 type requirement on
the job captain application as it would be more realistic. Additionally,
there is a good chance that legislation will be passed in this next
Congress that will add much more quota to the employment based categories
and significantly reduce the time of waiting for those in the EB-3
category. Alternatively if the company wishes to promote you into
a position for which it normally requires an advanced degree based
upon its satisfaction with your performance, you might be able to
qualify for an EB-2 classification on that basis.
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