Does LC filling under RIR requires evidences of qualifications?

Status
Not open for further replies.
M

monti

Registered Users (C)
Does LCA filling under RIR requires evidences of qualifications?

My lawyer sent me all paper works that he submitted to DOL for my green card process under RIR. I guess he forgets to add copy of college degree certificate, but he sent copy of other certifications.

Do you know if DOL requires copy of the college degree certification to process LCA?

Thanks in advance
Monti
 
Re: Does LCA filling under RIR requires evidences of qualifications?

Originally posted by monti
My lawyer sent me all paper works that he submitted to DOL for my green card process under RIR. I guess he forgets to add copy of college degree certificate, but he sent copy of other certifications.

Do you know if DOL requires copy of the college degree certification to process LCA?

Thanks in advance
Monti
Click to expand...
Normal practice, documents are sent with I140 Application.
 
Thanks for your reply.
You mean Lawyer doesn't need to send my aducational evidance with Labor Certification file. If this is the way then I am fine. I will not bother my lawyer.

Monti
 
Re: Does LCA filling under RIR requires evidences of qualifications?

Are you talking about LCA (i.e H1-B) or LC (i.e GC)?

Please clarify.

Originally posted by monti
My lawyer sent me all paper works that he submitted to DOL for my green card process under RIR. I guess he forgets to add copy of college degree certificate, but he sent copy of other certifications.

Do you know if DOL requires copy of the college degree certification to process LCA?

Thanks in advance
Monti
Click to expand...
 
usnycus,

Sorry, if you missunderstood from my first post, its LC not LCA.
I am talking about LC (Lobor Certification) for Green card.

Monti
 
Last edited by a moderator:
usnycus,

Why? LC is for a specific position in a specific company, not specific person. He will need to prove s/he's eligeble once s/he submit's I140. Am I wrong?
 
Originally posted by Hexamon
usnycus,

Why? 1- LC is for a specific position in a specific company, not 2- specific person. 3- He will need to prove s/he's eligeble once s/he submit's I140. Am I wrong?
Click to expand...
1- Beneficiary is, "PORTABLE" could be subsitituted when he/she leaves, and "IMPORTABLE" from employer's perspective.
2- Employer's benefit from skill not person "DEPORTABLE"
3- Thats correct.
 
Hexamon

LC is for specific position in a specific company at specific location. You have option to change the beneficiary using sub-LC but that is only possible after approval.

Employer needs to declare the beneficiary at the time of LC application submission. Without beneficiary one can't submit the application and request for approval.

To make determination in above scenario, DOL needs to check the beneficiary qualification/experience as stated in LC application. There are certain positions (like Chef) where experience in a given field is the only criteria during recruitment process and one might not need to submit the degree/diploma. For all other position where employer is asking for a specific education, degree/diploma certificates are required.

Originally posted by Hexamon
usnycus,

Why? LC is for a specific position in a specific company, not specific person. He will need to prove s/he's eligeble once s/he submit's I140. Am I wrong?
Click to expand...
 
Understood. Your explanation makes logical sense. As far as I can remember, my educational creditentials (degree/diploma) were submitted with my LC. Althogh, it also makes sense to argue these are not required documents, since DOL not the one making determination whether the beneficiary is eligeble for the position or not. For example, there have been number of cases when LC would be certified for someone with MS and later on, at I140 level, INS (not DOL) would find out that the person didn't meet this requirement.
 
I got answer from my laywer of asking him if we forget to sent evidence of my education, can we send as supplementary document?

ANSWER:
Not to worry. THAT WILL NEVER BE A GROUND FOR THE DENIAL OR REJECTION OR DELAY OF THE APPLICATION. Your qualifications for the position WILL BE determined by the USCIS, not by the Dept. of Labor. And if they (DOL) have questions on your qualifications, they will do that when your labor certification is processed. It is not therefore advisable to submit a supplement now because it could mess up the order of things. If they (NJDOL) will not even fill up the date when they actually receive an ETA 750 in a postage paid self addressed card on the ground that they do not have the personnel to do it, what more if you send them something and essentially ask them to pull out the folder and put in the supplemental information. Bottom line, the risk of being messed up clearly outweighs your concern.

Thanks everyone.
Monti1
 
Status
Not open for further replies.
Top