dharambirmarwaha
Registered Users (C)
My company started my LC process and wants to file the application in RIR category.
The requirements for the position were drafted and sent to the attorney who returned it to the HR in a format ready for advertisement. The following is a gist of the ad.
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Job description :
Plan, analyze, design, prototype, prepare technical
documentation, unit test, and implement financially oriented enterprise
systems; Utilize skills A,B,C,D,E,F to develop and maintain applications.
Minimum requirements :
Bachelor\'s degree or equivalent in computer science,plus five years prior experience or five years as a Programmer/Analyst in
the commercial software industry. In addition, must have at least three years experience designing and developing n-tier client/server applications.
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The ad was posted in trade journals and newspapers as required in the Labor Certification process. The company received some resumes,some of which did not meet the job minimum requirements and MOST of the candidates did not meet the SKILL sets (as mentioned in the job description) to do the job. HR prepared the recruitment summary and along with the necessary documents sent it to the attorney.
Now this is where i need the input.
The attorney has come back to the HR saying that most of the candidates have been disqualified because they do not have the skills required for the job(as mentioned in the job description) but they still meet the MINIMUM REQUIREMENT. There is a great chance that DOL will not issue a favorable determination of the labor
certification application because
"We note that in the recruitment summary you list several programming languages as disqualifiers for some applicants. Since these programs are
listed in the job description of the ads and not the minimum requirement section, normally we would not be able to use them as disqualifiers."
This really surprises me as it comes from the attorney who himself organized the advertisement matter.
Second if a candidate meets the minimum requirement, which in this case is very generic, but does not have the skill set to do the job how can the company hire the individual.
Third how will the company start a technical dialogue with the candidate when the candidate is missing the necessary skills on which the technical interview is going to be based.
Fourth ,the attorney says
" If the applicant meets all the minimum requirements, the employer
must choose to either:
A) Offer employment; or
B) Cease recruitment efforts in support of labor certification and
wait at least six months to re-advertise."
Could somebody, preferably an attorney , throw some light on the issue.
Thanking in advance.
The requirements for the position were drafted and sent to the attorney who returned it to the HR in a format ready for advertisement. The following is a gist of the ad.
---------------------------------------
Job description :
Plan, analyze, design, prototype, prepare technical
documentation, unit test, and implement financially oriented enterprise
systems; Utilize skills A,B,C,D,E,F to develop and maintain applications.
Minimum requirements :
Bachelor\'s degree or equivalent in computer science,plus five years prior experience or five years as a Programmer/Analyst in
the commercial software industry. In addition, must have at least three years experience designing and developing n-tier client/server applications.
-------------------------------------
The ad was posted in trade journals and newspapers as required in the Labor Certification process. The company received some resumes,some of which did not meet the job minimum requirements and MOST of the candidates did not meet the SKILL sets (as mentioned in the job description) to do the job. HR prepared the recruitment summary and along with the necessary documents sent it to the attorney.
Now this is where i need the input.
The attorney has come back to the HR saying that most of the candidates have been disqualified because they do not have the skills required for the job(as mentioned in the job description) but they still meet the MINIMUM REQUIREMENT. There is a great chance that DOL will not issue a favorable determination of the labor
certification application because
"We note that in the recruitment summary you list several programming languages as disqualifiers for some applicants. Since these programs are
listed in the job description of the ads and not the minimum requirement section, normally we would not be able to use them as disqualifiers."
This really surprises me as it comes from the attorney who himself organized the advertisement matter.
Second if a candidate meets the minimum requirement, which in this case is very generic, but does not have the skill set to do the job how can the company hire the individual.
Third how will the company start a technical dialogue with the candidate when the candidate is missing the necessary skills on which the technical interview is going to be based.
Fourth ,the attorney says
" If the applicant meets all the minimum requirements, the employer
must choose to either:
A) Offer employment; or
B) Cease recruitment efforts in support of labor certification and
wait at least six months to re-advertise."
Could somebody, preferably an attorney , throw some light on the issue.
Thanking in advance.