1) I asked:
The minimum requirement for my job is Master Degree plus one year experience or Bachelor Degree plus three years experience. Is my case in EB2?
Attorney answered:
Yes.
2) I asked :
From USCIS’s web site, it says that Bachelor plus 5 year’s experience is equivalent to Master’s Degree. So my case is not qualified to EB2.
Attorney answered:
In order to qualify under EB2, the minimum requirement for the position must be at least a Master's Degree or higher. By CIS interpretation, a Bachelor's, plus 5 year is equivalent to a Master's Degree, so position with a requirement of Bachelor's plus five also qualifies under EB2.
In your case, the primary minimum requirement as stated on the Certified LC was a Master's Degree, plus 1 year of exp, with an alternative requirement of a Bachelor's, plus 3 yrs. exp, by DOL interpretation the Master's + 1 and the Bachelor's + 3 are equivalent. As you possesse the primary requirement of a Master's Degree, plus two years of relevant experience, both the position and you qualify under EB2.
3) I asked:
So DOL and CIS have different interpretations of equivalent of Advanced Degree for EB2?
Attorney said:
We are dealing with two different government agencies, the CIS
("Citizenship and Immigration Services") and the DOL ("Department of
Labor"), which happen to have different interpretations. This is not
uncommon that the CIS, DOL and also the Department of State, to have
different interpretations of a law, regulations and/or procedures.