Comment by darth_avocado

Comment by darth_avocado 5 hours ago

EB system is pretty broad. If you really were in a position that only 1000 people in the world were able to do your job, you should’ve applied through EB1, which is designed for such people and also does not require the PERM process and therefore the job listings. EB2 and EB3 are designed for labor gaps in the industry which isn’t the same as extraordinary talent such as yours, and requires the PERM process. EB3 in fact also allows completely unskilled workers to file for permanent residency. Like I explained in the parent comment, the congress put a system to evaluate labor gaps, which is flawed. Following the rules set up by the system isn’t fraud.

pandaman 4 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.

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darth_avocado 4 hours ago

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?

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- pandaman 4 hours ago
  
  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.
  
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