Beware denial of EB2 labor petition will make it difficult to file under EB3

A

anuraguf

New Member
Hi All,

I was in touch with an attorney and he told me that if we file ur case as EB2 and if it gets denied. then it will be difficult to file under EB3.

his argument was that how can a company prove that suddenly a high skilled job became a low skilled job.

Any comments will be appreciated

Thanks
AG
 
If you don't change job requirements then it should be ok. Then it will be treated as EB2 filing was incorrectly, I think.
 
The company must be able to rerecruit for a diofferent job title and lower job requirement that fits into EB3. So I'm thinking that modifying the position a little to lower the requirements and duties, at least on paper, should be acceptable.
 
That might raise a flag in the system that how come for this person the job requirements were suddenly lowered. Does the company has real requirements or tailoring the job to suite the candidate?

The level of sophistication of DOL can be gauged by the fact that they are tracking IP addresses of the computers thru which the company registers for PERM.
 
Very true. My thinking is that if DOL denies an application for a job that has "masters degree may be required" based on ONET codes and the company files for masters degree as a requirement but is denied by DOL due to DOL saying masters degree is not required in that particular case. Then the company must have the opportunity to rerecruit and refile using a bachelors degree instead. The job still exists and needs to be filled, but it's a matter of establishing what the requirement are according to DOL standards.
 
Labor for beneficiary/company?

I'm new and just trying to understand the PERM/Labor process as you are all. Is it right that the labor is not for a particular individual but for a company, if that is true and if a case is denied for EB2 category, why will the beneficiary not be able to file another LC which is categorized EB3. Will we have to specify the beneficiaries name while submitting the LC?
 
Labor is filed by the company for a candidate - which will be u. Your name will be there.

So lets say they file for EB2 which means more education and experience and say it gets rejected.

then again they file for the same candidate another LC with lower requirement. this will look suspicious abt the job for which the LC was filed and the company which is filing it.
 
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