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  1. #1
    Join Date
    Nov 2011
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    1

    Default Requirements for EB2 when Filling for Labor Certification

    I qualify for EB2 because I have Bachelor from American University plus 5+ years of progressive and provable experience. I have heard from a lawyer friend that your company has to complete the Labor Certification (PERM) with a minimum requirements for the offered position of a Master + 3 years with alternative Bachelor + 5 years. If you do Master + 1 year with alternative Bachelor + 5 years as my PERM draft currently states, the PERM is very likely to be audited and denied by DOL. Can anyone with experience comment on that? 1000 times thank you!

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Requirements for EB2 when Filling for Labor Certification

    Although I am not aware of any reason why either of those proposed qualifications would be rejected, on its face, both seem problematic to me in that the two credentials don't seem substantially equivalent. That is, I believe that the employer would have a difficult time establishing why, in describing the minimum qualifications for the job, "Bachelor's Degree + 5 years" is substantially equivalent to "Master's Degree + 3 years" or "Master's Degree + 1 year". (The USCIS more typically equates "Bachelor's Degree +5" with "Master's Degree"; DOL may have different standards.) The employer should also check the minimum qualifications on O*Net and make sure that they're not exceeed.

    As each case is different, this is something the employer would want to discuss in some detail with its immigration lawyer.

    Is there a reason the employer doesn't want to set a minimum requirement of "Bachelor's +5"?

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