Is My Case EB2?

Technically, an application for Labor Certification (PERM) does not involve a request for preference classification.

The request for EB2 or EB3 classification is made to the Citizenship and Immigration Services after the PERM application is approved.

The EB2 or EB3 preference application is based on a job offer from your employer and supported by an approved labor certification. The EB2 application is for an employee who is a "member of the professions holding an advanced degree or equivalent," and is be supported by a labor certification showing that "the job requires a professional holding an advanced degree or the equivalent."

To obtain EB2 classification, you must not only have an advanced degree (or equivalent), but you must also be doing a job which requires that degree. When your company files a PERM application, the company certifies under penalty of perjury, the minimum level of education and experience it requires for the position.

The Department of Labor has established "normal" criteria for various employment classifications. If the "normal" experience or educational qualification is exceeded, the company cannot file a PERM application unless it can also document "business necessity" (i.e., that the extra requirements are related to the employer's business, and that they are essential to perform the job.)   And if the "normal" requirements are exceeded, the chances are greatly increased that the application will be denied.

In considering a PERM application, the Department of Labor also considers the wage the employer is offering in relation to  the "prevailing wage" for that occupation.  The prevailing wage is established in part by the stated minimum qualifications.  The requirement of an advanced degree will generally result in a higher prevailing wage determination.

Even if you have a masters degree or equivalent, your PERM application may not support an EB2 petition.  Considerations will be:

Even if you have a relevant masters degree, only after a careful  evaluation by your company and its immigration  attorney will a decision be made if a PERM application will support an EB2 or EB3 classification.