EB2/EB3 limbo

[bigshot82]

company is about to file for LC; job requirement is:

"masters is required; in lieu of masters, BS with 3 years experience accepted"


1 - what are the chances of filing under EB2 and getting accepted?

2 - at what stage during the process EB2 or EB3 category is requested by the applicant?

[txh1b]

1. No one can predict. It really depends on the job.
2. During labor and also during 140.

[bigshot82]

during labor? I don't see any field on EB category in form ETA-9089

[txh1b]

Section H deals with it. No single check box.

[bigshot82]

so the company/applicant/lawfirm does not get to request the category? section H is the job requirement description only

[txh1b]

Of course, they do based on the job's requirement. Talk to your lawyer.