Perm Denied... Form 9089 is not certified

L

loki_l77

Registered Users (C)
Hi

My PERM application was denied because of the following reason :-

Form ETA 9089 has not been certified. A certification cannot be issued as required by section 212(a)(5)(A) of INA as amended.

Reason for Denial :
ETA Form 9089 indicated the alien is currently employed by the employer and only qualifies for the position identified in the application by virtue of employer's alternative experience requirements.
However the employer has not indicated on the application that applicants with any suitable combination of education, training or experience are acceptable.

Authority of Denial :
Per 20 CFR 656.17(h)(4)(ii) "If the alien beneficiary already is employed by the employer and the alien does not meet the primary job requiremenets and only potentially qualifies for the job by virtue of the employer's alternative requiremenets, certification will be denied unless the application states that any suitable combination of education, training or experience is acceptable. Therefore the application is denied.

Is this serious in nature or is pretty usual and I simply ask my lawyer to reapply. Can you please give me more information on this.
I am in the last year/6th year of my H1 already. :confused:
Please let me know if you need me to provide more information from Form 9089 or something else.

thanks and regards
Loki.
 
loki_l77 said:
Hi

My PERM application was denied because of the following reason :-

Form ETA 9089 has not been certified. A certification cannot be issued as required by section 212(a)(5)(A) of INA as amended.

Reason for Denial :
ETA Form 9089 indicated the alien is currently employed by the employer and only qualifies for the position identified in the application by virtue of employer's alternative experience requirements.
However the employer has not indicated on the application that applicants with any suitable combination of education, training or experience are acceptable.

Authority of Denial :
Per 20 CFR 656.17(h)(4)(ii) "If the alien beneficiary already is employed by the employer and the alien does not meet the primary job requiremenets and only potentially qualifies for the job by virtue of the employer's alternative requiremenets, certification will be denied unless the application states that any suitable combination of education, training or experience is acceptable. Therefore the application is denied.

Is this serious in nature or is pretty usual and I simply ask my lawyer to reapply. Can you please give me more information on this.
I am in the last year/6th year of my H1 already. :confused:
Please let me know if you need me to provide more information from Form 9089 or something else.

thanks and regards
Loki.
Click to expand...

Here is another example of TOTAL clueless of the so called 'lawyer'. Dude your employer must mention that alternative requirements are acceptable b/c looke like you qualify for the job only if alternative requirements are acceptable.
 
Hi

Thanks for your reply.
In 9089 :-
1. Table H column 4 says - Minimum Education required : Masters.
2. Table H column 8 - Is there an alternate combination of Education and Experience
acceptable : it says YES.
3. 8A Alternate level of education required : Bachelors
4. 8C Number of years experience acceptable : 5 Years.

Q1. Does it prove that alternate requirements are acceptable and is DOL fault ?
Q2. For Q6 and Q7 have been answered 'NO' bcos it says - Is experience required for
the job and Is there a alternate field of study that is acceptable.
Is it OK ?
Q3. I got my Masters in the meantime, will it make a difference ?
Q4. Is the section 656.17(h)(4)(ii) describes the column in Form 9089 ?

Thanks and regards
loki.
 
loki_l77 said:
Hi

Thanks for your reply.
In 9089 :-
1. Table H column 4 says - Minimum Education required : Masters.
2. Table H column 8 - Is there an alternate combination of Education and Experience
acceptable : it says YES.
3. 8A Alternate level of education required : Bachelors
4. 8C Number of years experience acceptable : 5 Years.

Q1. Does it prove that alternate requirements are acceptable and is DOL fault ?
Q2. For Q6 and Q7 have been answered 'NO' bcos it says - Is experience required for
the job and Is there a alternate field of study that is acceptable.
Is it OK ?
Q3. I got my Masters in the meantime, will it make a difference ?
Q4. Is the section 656.17(h)(4)(ii) describes the column in Form 9089 ?

Thanks and regards
loki.
Click to expand...


When you joined your employer did you have MS or BS+5 yrs?
 
loki_l77 said:
BS + 5 years.

thanks..
Loki
Click to expand...

Then answer to Q6 should be 'Yes'. Usually answering 'No' to Q7 means that requirements are too restrictive and that does not work very well in IT. For example, BS in CS only will not fly for a programmer b/c BS in Elec/Math are also normally considered capable of doing the job.

I suggest you get a second opinion from a known and experienced lawyer.
 
It seems to me that in Section H in Form 9089 :-
Point/Question 6 is for alternate experience.
Point/Question 7 is for alternate education.
Whereas Point/Question 8 is for a combination for alternate experience and education.

It seems to me that Mentioning either 6 OR/AND 7 OR 8 is OK.

What do you think about it.
has anyone else faced the same circumstances ?

thanks
Loki.
 
loki
check to see what is mentioned in section H Q.4 Minimum education level required and Section J Q.11. responses to these two questions should be same. Per the Denial letter which you posted if you are trying to meet job requirments through alternate combination, then Section H Q.8 should be checked yes and answer Q. 8-A
Note i am not an attorney, just an opinion, do your own research
 
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