Perm denial

E

emirica

Registered Users (C)
Hi.

My PERM application was denied today. The job requirements were MS+1 year exp. in Material Science. I have Ph.D. in Materials Science and it was included as such in the application. The reason for denial was "the candidate does not meet minimum requirements".

Does anyone have any experience with this? The system is wrong, but how it can be corrected?

Thank you.
 
emirica said:
Hi.

My PERM application was denied today. The job requirements were MS+1 year exp. in Material Science. I have Ph.D. in Materials Science and it was included as such in the application. The reason for denial was "the candidate does not meet minimum requirements".

Does anyone have any experience with this? The system is wrong, but how it can be corrected?

Thank you.
Click to expand...

Sorry to know. Do you have PhD + 1 year exp?

If job requires MS+1 yr exp and if you have PhD +0 yrs exp, then the denial makes sense. Else, it does not.

BTW, when was your case filed? At which PERM center?
 
If you figure out your mistake (or found what they want) and ads are still valid, refile. There is no other way to correct. If Ads are not current, learn what went wrong and redo the Ads and refile (unless you are in your sixth year and want extension based on earlier filing date then go ahead and appeal)

I know it's little hard to digest, but it's very true with the PERM system. Good luck.
 
mvinays said:
Sorry to know. Do you have PhD + 1 year exp?

If job requires MS+1 yr exp and if you have PhD +0 yrs exp, then the denial makes sense. Else, it does not.

BTW, when was your case filed? At which PERM center?
Click to expand...

My case was filed on May 27th in Atlanta. It was quick.

That means that the 3 years after master during the Ph.D. is not counted as experience.

Anyway, I have the master from my country and the 10 years experience before Ph.D. But the Ph. D is from US and the lawyer wanted to use this. And it is, indeed, Ph.D.+0 yrs. exp.
 
Sundraj said:
looks like you should have gone with either MS+0 exp. or Ph.d+0 exp.
Click to expand...

We could not go with Ph.D.+0 exp. because the salary came too high (level 3). We had a previous prevailing wage with Ms.+1 from the same company that was still valid and we wanted to use that.

So, the ads were posted for MS+1 in Materials Science.

So, I am still not clear. Why the Ph.D, which implies automatically that you have to have Master + at least 1 year to work for the thesis, in exctly the same major, does not count as experience? What happens with those years between Master and Ph.D? What are they? How are they called?
 
emirica said:
We could not go with Ph.D.+0 exp. because the salary came too high (level 3). We had a previous prevailing wage with Ms.+1 from the same company that was still valid and we wanted to use that.

So, the ads were posted for MS+1 in Materials Science.

So, I am still not clear. Why the Ph.D, which implies automatically that you have to have Master + at least 1 year to work for the thesis, in exctly the same major, does not count as experience? What happens with those years between Master and Ph.D? What are they? How are they called?
Click to expand...

i have gone thru the same situation you are going thru .. first reason for denail was the same like you filed again with changes in ETA and got approved in just two days..
let me tell you something your thesis work will never be counted cuz you were working on something which was the part of your post graduate program. it will be only counted if you were working on some thing with a paid salaried job after your master's and PHD, if you are filing an EB2 case then only Phd + 0 years would be more then good for you and make ur ads this way MS + 5 years of experience or Phd + 0 years, the same way you have to mention this in ur ETA 9089, then you will be all set, this reason will be gone, another thing ur lawyer must be familier of PERM case find an efficient lawyer most of the lawyers claims that they know they are experts but 90% of the time they lie and screw you up. I was screwed up twice by a lawyer, then finally involved my self read all the perm procedure's how it works advertised everything back again then along with the HR filed the case got approved in just two days. you have to follow the all ads requirements

advertise ur job in the foillowing manners'
1) local broad band news paper sunday consec ads
2)job posting website
3)employer's website
4)Internal notice boards of company in two different locations
5) Material science magzine
6) place job oder with state work force agency
these are the normal procedure's which you have to follow at first
find your job title on O*net along with catagory of filing ( for ur case if you have international publications in that feild you can file directly EB1 you will get rid of LC)

GOOD LUCK
 
syed2 said:
i have gone thru the same situation you are going thru .. first reason for denail was the same like you filed again with changes in ETA and got approved in just two days..
let me tell you something your thesis work will never be counted cuz you were working on something which was the part of your post graduate program. it will be only counted if you were working on some thing with a paid salaried job after your master's and PHD, if you are filing an EB2 case then only Phd + 0 years would be more then good for you and make ur ads this way MS + 5 years of experience or Phd + 0 years, the same way you have to mention this in ur ETA 9089, then you will be all set, this reason will be gone, another thing ur lawyer must be familier of PERM case find an efficient lawyer most of the lawyers claims that they know they are experts but 90% of the time they lie and screw you up. I was screwed up twice by a lawyer, then finally involved my self read all the perm procedure's how it works advertised everything back again then along with the HR filed the case got approved in just two days. you have to follow the all ads requirements

advertise ur job in the foillowing manners'
1) local broad band news paper sunday consec ads
2)job posting website
3)employer's website
4)Internal notice boards of company in two different locations
5) Material science magzine
6) place job oder with state work force agency
these are the normal procedure's which you have to follow at first
find your job title on O*net along with catagory of filing ( for ur case if you have international publications in that feild you can file directly EB1 you will get rid of LC)

Hi,

You followed this steps? Because our attorney was telling us that first step is:
1. SWA(State Workforce Agency)

2. The employer must place two newspaper advertisements on two different Sundays.

3.The employer must choose at least three additional recruitment steps from the list provided by U.S DOL.
Click to expand...
 
syed2 said:
i have gone thru the same situation you are going thru .. first reason for denail was the same like you filed again with changes in ETA and got approved in just two days..
let me tell you something your thesis work will never be counted cuz you were working on something which was the part of your post graduate program. it will be only counted if you were working on some thing with a paid salaried job after your master's and PHD, if you are filing an EB2 case then only Phd + 0 years would be more then good for you and make ur ads this way MS + 5 years of experience or Phd + 0 years, the same way you have to mention this in ur ETA 9089, then you will be all set, this reason will be gone, another thing ur lawyer must be familier of PERM case find an efficient lawyer most of the lawyers claims that they know they are experts but 90% of the time they lie and screw you up. I was screwed up twice by a lawyer, then finally involved my self read all the perm procedure's how it works advertised everything back again then along with the HR filed the case got approved in just two days. you have to follow the all ads requirements

advertise ur job in the foillowing manners'
1) local broad band news paper sunday consec ads
2)job posting website
3)employer's website
4)Internal notice boards of company in two different locations
5) Material science magzine
6) place job oder with state work force agency
these are the normal procedure's which you have to follow at first
find your job title on O*net along with catagory of filing ( for ur case if you have international publications in that feild you can file directly EB1 you will get rid of LC)

GOOD LUCK
Click to expand...

What is ETA 9089?
 
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