Again, a lot will depend on the actual job requirements set forth by the employer: are they too restrictive, and/or would they stand the test of a business necessity audit?
But when it comes to an EB-2 position, the USCIS’ stand is a little more rigid. Still, some officers give the option to the employer (while issuing the Request for Evidence – RFE) to change the job to an EB3. If the employer agrees, the case gets approved. There is a feeling that the Nebraska Service Center is stricter in applying this than Texas. So a section of immigration lawyers feel that if the Petition is filed online (in which case it gets to Texas) there is a better chance of success.
Related Questions
- If the employer includes job duties and requirements in the advertisement, must they be listed on the Application for Permanent Employment Certification, ETA Form 9089, as well?
- Can my employer restrict the job requirements to specifically fit my credentials but make most potential job applicants unqualified?
- How does an Employer make sure the job requirements are in line with the Department of Labor (DOL) guidelines?
