H1b Job description Vs. PERM Job descrption

[yulichris621]

My wife just transferred her H1b to the new employer and this employer agree to sponsor her Green Card. However, they only would like to sponsor Eb-3 instead of Eb-2 for my wife. The HR and the Law firm's senior business specialist said since the job description for my wife's current H1b job should be exactly the same as that for my wife's PERM job. They have to use exactly the same job description/posting to apply both H1b and PERM for my wife. Otherwise, the DOL will audit this PERM application process.

Is this true? I heard that the PERM/Green Card is for future job.

As for my wife's back ground: Graduated from Top MBA of the US, 5+ year work experience in both US and international
I also researched that her current job (no matter title or functions) is categorized under Job Zone 5 by DOL.

Could some experienced Attorneys or friends in the similar boat answer my question? Thank you very much.

 

[H1justice]

It is their job to adapt the job posting

Hello,
It is true that when an employer files for a PERM, the job posting description of qualification, skills and experience must be in conformity with what is declared on the PERM application. In the case when the posting they had used to recruit your wife does not correspond fully to your wife's qualification, or skill or experience , then they have to advertise for a position adapted to your wife's qualification, run another recruitment process and prove to the DOL that she was the only qualified for the job.

Be aware that some employer will use excuse to confuse people in order to avoid filing for a PERM which implies scrutiny from the Department of labor. The issue of having to pay for prevailing wage seems to be what some want to avoid.

Maybe your wife could try to find if the company has an official written policy or not on Green Card sponsorship....That would be helpful....

Good luck!