Interpretation of SVP for PERM?

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natasha13

Registered Users (C)
My position has been classified by ONET as Job zone 4 i.e SVP of 7-8 i.e. 2-4 years. The education code is 5 i.e. minimum BS required.

We are asking for MS+2 years requirement. We know that we will have to justify the MS as business necessity for minimum education requirements.

Now from what I heard DOL calculates SVP based on (education+work exp.) and not just experience. Also MS is equal to 4 years of SVP. Hence our requirement of MS+2 years will translate into 4+2= 6 years of SVP. Is this right?

My lawyer says MS+2 years requirement translates to 2 years of SVP. Which of the two is correct?
 
natasha13 said:
My position has been classified by ONET as Job zone 4 i.e SVP of 7-8 i.e. 2-4 years. The education code is 5 i.e. minimum BS required.

We are asking for MS+2 years requirement. We know that we will have to justify the MS as business necessity for minimum education requirements.

Now from what I heard DOL calculates SVP based on (education+work exp.) and not just experience. Also MS is equal to 4 years of SVP. Hence our requirement of MS+2 years will translate into 4+2= 6 years of SVP. Is this right?

My lawyer says MS+2 years requirement translates to 2 years of SVP. Which of the two is correct?
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what is ur PW level determined by SWA? level 2 or 3?
 
Natasha - this is what my lawyer said. Job Zone 4 means SVP of 7 < 8 and experience of 2-4 yrs. So 2 yrs = SVP of 7. 4 yrs = SVP of 8. Bachelors = 2yrs = SVP 7, MS = 4 yrs = SVP 8. So if u have MS + 2yrs, you have SVP of >= 8. However DOL says for job zone 4 they are only accepting lower end of SVP (which means 7). So you have exceeded SVP requirements (which means business neccesity justification, means audit).what is your job title, and what is the wage level - do you know???
 
antonioa77, have you heard back anything regrding your PW level - 2 or 3? and what is your job requirements - MS + 0 exp?
 
wildscenebob said:
antonioa77, have you heard back anything regrding your PW level - 2 or 3? and what is your job requirements - MS + 0 exp?
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I didn't apply for PERM yet, I'm just asking for the experience of others simply. but if i will file i will file as MS+0.
 
wildscenebob said:
Natasha - this is what my lawyer said. Job Zone 4 means SVP of 7 < 8 and experience of 2-4 yrs. So 2 yrs = SVP of 7. 4 yrs = SVP of 8. Bachelors = 2yrs = SVP 7, MS = 4 yrs = SVP 8. So if u have MS + 2yrs, you have SVP of >= 8. However DOL says for job zone 4 they are only accepting lower end of SVP (which means 7). So you have exceeded SVP requirements (which means business neccesity justification, means audit).what is your job title, and what is the wage level - do you know???
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Thanks wildscenebob, this is exactly what I wanted to confirm. My lawyer was unaware of this under PERM. Business necessity seems inevitable.
Just out of curiosity, if my position was in job zone 5 [SVP 8.0 or above, 4-10 years), in that case MS+2years requirement would translate to 6 years, which means no business necessity right?
We have submitted my PW request about a month ago in CA for MS+2yrs requirement for Electrical Engineer, however have not received a reply yet. In how many days did you guys get a reply from EDD/SWA?
 
not received PW yet!

antonioa77 said:
what is ur PW level determined by SWA? level 2 or 3?
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We have submitted my PW request about a month ago in CA for MS+2yrs requirement for Electrical Engineer, however have not received a reply yet. In how many days did you guys get a reply from EDD/SWA?
 
natasha13 said:
We have submitted my PW request about a month ago in CA for MS+2yrs requirement for Electrical Engineer, however have not received a reply yet. In how many days did you guys get a reply from EDD/SWA?
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so if ur SVP is higher than ur expected i think then ur PW will go up and will be now probably level 3 and not 2 as u think. right?
 
antonioa77 said:
so if ur SVP is higher than ur expected i think then ur PW will go up and will be now probably level 3 and not 2 as u think. right?
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Yes as per the guidelines given in the chart to determine the prevailing wage, MS with 2 years requirement for a position in job zone 4 with education and training code 5 is LEVEL 3.
 
natasha13 said:
Yes as per the guidelines given in the chart to determine the prevailing wage, MS with 2 years requirement for a position in job zone 4 with education and training code 5 is LEVEL 3.
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what about MS+0 yr experience, is it level 2or 3?
 
GCNotGreen - please help us by sharing your experience with the PW. It's amazing how they gave you PW level 2. from what i understand, it would depend on the job you are performing and the job requirements(whether job requires MS, not whether you have MS). So if ur job requires BS+0yrs then that might be feasible.Would you be able to share with us your title at ur company, and the job description? That would be super helpful. Regards.
 
Regarding wildscenebob's April 12th's posting

Hi, Wildscenebob,

Thanks for your posting regarding the relationship Job zone and SVP.

As per your message " However DOL says for job zone 4 they are only
accepting lower end of SVP (which means 7). Do you have official source about this quote?

Suppose the job is still in Zone 4, SVP of 7 < 8 and education code of 3
(requires Master's degree). If job ad is MS + 2yrs exp, business necessity will
be required. How about MS + 1 yrs exp?

Suppose the job is Zone 4, SVP of 7<8, requires MS + 1 yr exp, and PW leve 1 is obtained, is this position qualified for EB2?

Thanks a lot for any inputs from you or others?
 
pangshi said:
Hi, Wildscenebob,

Thanks for your posting regarding the relationship Job zone and SVP.

As per your message " However DOL says for job zone 4 they are only
accepting lower end of SVP (which means 7). Do you have official source about this quote?

Suppose the job is still in Zone 4, SVP of 7 < 8 and education code of 3
(requires Master's degree). If job ad is MS + 2yrs exp, business necessity will
be required. How about MS + 1 yrs exp?

Suppose the job is Zone 4, SVP of 7<8, requires MS + 1 yr exp, and PW leve 1 is obtained, is this position qualified for EB2?

Thanks a lot for any inputs from you or others?
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Can you let us know from which state have you received level 1 wage for MS+1yr job requirement? Also if possible your job position?

My comment on your question: Job zone 4 means SVP of 7-8 which translates to SVP of 2-4 years. When you ask for MS+1 yr requirement it translates to 5 years of SVP, which is above the limit of job zone 4. Hence you could be asked for business necessity justification. However if your PERM is approved (whether business necessity is asked or not), you can definitely apply under EB-2 with MS+1yr requirement.
 
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