File GC with Brother's company with less than 10 employees

[archanadhar19]

Hi,

I am interested in filing the green card through my Brother's company in EB2 category.
I have B.S degree, more than 5 years of IT experience and getting prevailing wages through my brother's company consistently for more than a year.

Are there any issues in filing the GC if :-
1) My brother is my employer.
2) Mr brother's comapny has less than 10 employees.

Also I have a Question regarding positions for which EB2 is applicable.
I got the following reply from a renowed lawyer :-

There are only a few positions that are Department of Labor approved EB2 positions. They are Software Engineer and Database Admin. A Programmer Analyst, Systems Analyst Computer Programmer do now require a Master's Degree. Even if the candidate has a Master's Degree or the experience, if the position does not require it they cannot be filed in the EB2 category. Right now EB2 for India is not current and so no adjustment can be filed at this time, EB3 is backlogged to April, 2001.


It this true ....


Thanks in anticipation,
Archana.