I have 4 year Bachelor degree and i have 4.5 years before joining current Company and they are going to initiate the GC,i am working with same company for more than 4 years and with total of 8.5 years experience , as a general rule i was told we require to have 5 years experience excluding sponsporing company to be eligible for EB2 supporting PERM,my employer told we could do it by making the roles 50% different than my current roles for the position and could use my current experience to be eligible for EB2,
i wanted to know the risks involved in this and the chances of positive ,incase if an Approved PERM Cannot Support I-140 filed under EB2,where should i start the process from ?
You may be able to count the time working for the current employer if the job offer is one that requires a masters or bachelors plus 5, and your work experience includes progressively greater responsibilities.
In order for a petition to qualify for EB-2, the position must require at least a Masters Degree (or foreign equivalent), or a Bachelors Degree and 5 years of experience.
PERM regulations state:
Experience gained with the sponsoring employer can be relied upon in the PERM application if it can be shown that the foreign national will be sponsored for permanent residence for a position that is "not substantially comparable" to the position in which he gained the experience.
Experience gained with the sponsoring employer can be relied upon in the PERM application if it can be shown that the foreign national will be sponsored for permanent residence for a position that is "not substantially comparable" to the position in which he gained the experience.
There are always risks in any case you file. The attorney handling the case, will be better able to tell you what the risks are in your particular case as they have access to all your immigration documentation and company documents.
If the PERM case is audited you could be waiting up to 24 months for an answer, so if the company cannot show that they can pay the prevailing wage (EB-2) then it would be a waste of time and money to file under that category.
You should speak to the attorney who will be handling the case about your concerns and the best way to proceed.
You may only use experienced gained through the petitioning employer if the job is substantially different. Usually a "50% difference" rule is used to determine whether the job is substantially different.
