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EB2 with special handling

Discussion in 'College and University Staff' started by cyndey, Jul 5, 2012.

  1. cyndey

    cyndey Junior Member

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    I am a data reporting administrator (database administrator category) - full-time university staff. Now I am discussing the green card process with my university. I will need to teach a Computer class next semester in our university (as a lab instructor). In my case could I qualify for the PERM with special handling? Since I thought this special handling is only for full-time faculty position.

    If I am not qualify for it, I think I can apply for regular EB2/3. But when I was hired, the job posting said need Bachelor degree plus 4 years work experience. I have Master degree with 2 years experience. The university contracted lawyer said we have to stay with the job posting when I was hired. So is that means I have to go EB3 then? May I qualify for EB2?

    Thanks
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: EB2 with special handling

    Special handling requires two things. First, there must be at least some teaching component to the job. Second, the employee must have been appointed pursuant to a competitive faculty recruiting procedure. The appointment must have been made within 18 months of the PERM filing.
     
  3. cyndey

    cyndey Junior Member

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    Re: EB2 with special handling

    Thanks for the quick apply. I don't want to mix my PERM with the teaching part (from my intention). So if I request to file as regular EB2/3, with this position (they required Bachelor + 4 years experience when they hired me almost three years ago), may this position qualified for EB2 track (or we have to following the job posting requirement three years ago)?
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: EB2 with special handling

    They will have to go through recruiting again, but you can file it as a regular PERM.
     
  5. cyndey

    cyndey Junior Member

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    Re: EB2 with special handling

    Thanks, Ron. My major question/concern is: when they do the recruiting again, can they change a little on the job description to qualify me for EB2 track? Or they have to have the exact same job requirement as when they hired me?
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: EB2 with special handling

    They have to use the job description for the position that they are offering you. It doesn't have to be what you did in the past or even what you are doing now.
     
  7. cyndey

    cyndey Junior Member

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    Re: EB2 with special handling

    Thanks, Ron. You are so helpful and this forum is a great place for us to find help. Thanks again!!
     

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