Comment by pandaman
19 hours ago
>you should’ve applied through EB1
Why? If you know as much as you claim about immigration you should know that any EB1 application will dwarf any EB2 application in amount of work and documentation needed. Also, having rare skillset is not enough to get EB1, as you also might know. You need to meet a set of requirements, none of if which has anything to do with rarity of the skillset.
My comment was in response to your claim that EB system was created for people with rare skills, which it clearly isn’t. You were in a job that only 1000 people were able to do, you being one of them. And yet you suggested that EB1 would more laborious and not fit for you.
> You may be eligible for an employment-based, first-preference visa if you are an alien of extraordinary ability, are an outstanding professor or researcher, or are a certain multinational executive or manager.
Yet you went for EB2, which is designed for a different set of immigrants where the proof of exceptional ability is a lot more lax
> You may be eligible for an employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a person who has exceptional ability.
And you’re concerned about gaming the system? And you’re also claiming that EB system was designed to work for exactly the scenario that you fit?
As I said, EB-1 does not require rare skills. PERM based EB-2 and 3, though, require that there are no US workers with such skills available so it's highly correlated with skill's rarity. So why and where would I say that the entire EB system is created for people with rare skills?
>> You may be eligible for an employment-based, first-preference visa if you are an alien of extraordinary ability, are an outstanding professor or researcher, or are a certain multinational executive or manager.
Yep, and I am none of this.
>Yet you went for EB2, which is designed for a different set of immigrants where the proof of exceptional ability is a lot more lax
Yep, because EB2 does not require any exceptional ability, just the lack of a US worker available, willing, and able to do the job and a master's degree.
The lack is established by a good faith recruitment process, not an exhaustive search. This is intentionally vague because it's a non-sensical requirement that is hard to prove one way or the other and was only added as a political compromise. The company is free to tailor the minimum requirements to its liking. Recall that this is a free capitalistic country. So you can establish that you can't fill the req. locally and hence are hiring a foreigner. The reason I'm pointing this out is because you have picked some type of textual or literal interpretation of things ("this is what EB is for"), and companies have lawyers who are good at following the text.
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