Ray S. said:
Our office has conducted preliminary research on your case. Based on the
job title and job description (Senior Software Engineer) that you have provided (that of an IT
professional), the position would likely be considered an employment based
third preference (EB3) case by the U.S. Department of Labor/ USCIS. An EB3
classification will likely take much longer to obtain the "green card" based
on current processing times and priority dates.
The EB3 classification is due to the education and experience that the DOL
has determined is an "industry norm" for this position. Under the new PERM
system, the DOL has stopped using a 9 level standard industry norm system
for determining acceptable levels of education, training and experience
requirements for positions and started using a 5 level system. The 5 level
system essentially dictates that a person in your position file an EB3 case
at this time.
The following options are available to you and your company for
consideration:
1. File an EB3 case.
2. If the company's education and experience requirements exceed a
Bachelor's degree and 2 years of experience or 4 years of experience total,
the employer may elect to indicate higher requirements on the 9089 (PERM)
documents. This would require that the company provide documentation that
these requirements for the position are a business necessity. It is possible
that this could result in an audit of the employer and its records by the
Dept. of Labor.
Please review this email carefully with your employer and advise how you
wish to proceed. This issue must be resolved before we place the
advertisements for your case.