MINIMUM PERM SALARY FOR EB2 ,

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After a long long search I found me two jobs which will allow me to apply in EB2 category of perm labor/Green card, I have a masters from USA. The first employer(small company) whose job requirements are masters + 3 years has offered me a 72k and confirmed with the company lawyer that I can be file under EB2. The second employer( a large company) whose job requirements are bachelors + 6 years has offered me 85k But is not sure if I would qualify in EB2 with that pay and may ask me to wait until I get a promotion to file in EB2. My question is how is that my first offer is able to do a EB2 perm , whereas the second employer is not so confident about EB2 , even though the second employer is willing to pay a higher salary , Both companies are in same county/city/state

Attorney Answers

4
Gen Kimura ·
EB2/EB3 distinctions are based on your prospective employer's job requirements and not based on the wage. If the position require MA, BA + 5 years of progressive experience or higher, they will be EB2 cases. Regarding your question, either jobs may be processed as EB2. I can not tell why the second employer was not sure about the case. I am not sure about the both cases. They are EB2 cases, but Department of Labor may see the both job requirements as excessive; thus, it might audit the cases. The employers have to have good justifications for the excessive job requirements.
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Kyndra Mulder ·
The company lawyer is the person for you to direct your questions to.
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Rebecca White ·
You don't give the positions offered, but the size of the company does not truly impact the required wage. You can review the prevailing wage requirements online, but you are going to be better off reviewing the positions offered with an immigration attorney before making your decision.
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J Ferrari ·
The prevailing wage depends on when it is obtained, what the duties of the job are, what the requirements of the job are, the location of the job, etc.
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