Change of job duties and selection of EB2 or EB3


#1

Hi,
I have been in the same job for 6 years, and I got promoted from a lower level to a higher level 2 years ago. When I got promoted to work with more complex duties, the position required a BA and 3 years of work experience. However, my employer wants to increase the work experience from 3 years to 5 years when preparing the job description for my green card process. As I know, EB2 requires an MA or BA with 5 years of work experience. EB3 requires BA and 3 years of work experience. If the revised job description is approved by the company, here are my questions:

  1. When my employer decides which EB category should he file for me, should the years of work experience in my lower-level position and higher-level position a factor to be considered?
  2. If the answer to Q1 is NO, may I know the reason?
  3. If the answer to Q1 is YES, here is a follow-up question: my total work experience in the “same” job is 6 years,4 years in a lower-level position and 2 years in a higher-level position. When the employer decides under which category, EB2 or EB3, should he file, does he look for the total 6 years of work experience, which is more than the 5 years threshold in EB2, so he should choose EB2? Or, does he look for the 4 years of work experience, which is the number of work experience I had had before I worked for the higher-level position and which is more than the 3 years threshold in EB3 (but less than the 5 years threshold in EB2), so he should choose EB3?