Discuss PERM risks associated with MS + 0 experience

lifza_biach

New Member
All right folks,

I'm in the same boat as y'all - searching blogs and online forums that can throw some info on this PERM thingie. A late nite zombie googling for phrases involving a zillion permutations and combinations of words like PERM + EB2 + masters + business necessity + EB2 + whatever that pings my mind at 2am. After a week of reading stuff online, some of them not necessarily PERM related :o , i decided to do some blogging myself.

So what is "Nirvana" for all of us? - May be Bill jumping in and saying that the current system is screwed up and unless they re-consider he will take all his billions somewhere else, as he did with the H1b quota. Oh wait! i'm dreaming....till then life is a bitch and we all have to deal with it.

Aite...business now

Let's say job PERM requested is for is a computer/electrical /other enginner. I think most of us fit into this. For such a job, DOL classification is:

SVP: 7< 8 ( 2 to 4 years; BS is 2 and MS is 4; so max that can be required is BS+2 or MS +0)
Job zone: 4
ETC: BS degree

Now if we post a requirement saying MS + 0 is required what are the risks?
1. Business necessity required since we exceed the ETC limit for zone 4 job, Also H12 on the perm form would be "no" most likely trigerring an audit.
2. Prevailing wage would fall under level 3 or more, PWD break down as determined by SWA:
Since we require MS+0 -> 4 years -> higher side of SVP 7<8 = 2
ETC requirement higher than normal (MS required) = 1
If any special skills required then add 1, hopefuly not = 0
IF any certification or licensing required then add 1, hopefully not = 0
Add the numbers on right side which gives us 3. Hence PWD falls under level 3 for MS+0 . Make sure u check the DOL database to see if u r paid level 3.

Is my analysis correct above? Comments or dicsussions?
 
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