EB2 ETA9089\for software developer position- please review

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michael_jj

Registered Users (C)
Please review my ETA 9089, it must fit EB2.

H.3. Job title: SENIOR SOFTWARE ENGINEER
H.4. Education: minimum level required: MASTER'S
H.4-B. Major field of study: COMPUTER SCIENCE
H.5. Is training required in the job opportunity? NO
H.6. Is experience in the job offered required for the job? YES
H.6-A. If Yes, number of months experience required: 12
7. Is there an alternate field of study that is acceptable? NO
H.8. Is there an alternate combination of education and experience that is acceptable? NO
H.11. Job duties:
Analyze, design, coordinate and supervise the development of software systems.....
Design and develop programming systems making specific determinations....
Responsible for development of new programs, analyzes...
Responsible for analysis of current programs including performance….
Review and repair legacy code….
H.12. Are the job opportunity's requirements normal for the occupation? YES
H.14. Specific skills or other requirements: EMPTY


I am not quite sure about H.6, H.6-A. My understanding is that a senior s/w developer position requires experience, at least 1 year. On the other hand Masters’s degree + 12 months of experience may exceed SVP.

Thank you,
 
Here are my concerns:

1) I put only 1 year of experience. I guess a senior position requires 3-5 years of experience but it will exceed SVP for sure. On the other hand I don’t want to answer NO to H.12 (requirements normal for the occupation) because requirements look pretty normal and NO automatically triggers audit.

2) Do I have to specify that alternative education and experience is allowed (quest. 8/8A)? (For example BS + 5 years) I don’t really need it because I have Master’s. But I don’t want DOL to decide that requirements are too high or restrictive.

What do you think?
Thank you,
 
Ok. I understand that if I state Master's + 3 or 5 years experience for Software Engineer position
I need to answer NO to H14 "requirements normal for the occupation?" because it exceeds SVP. Agree?

Now the question is does it automatically lead to audit?
 
Based on SOC Codes of Occupations, DOL has clearly marked what are minimum education and experience requirements, Whether you mark yes or no to question regarding requirements normal for occupation, DOL can definitely pickup up case for business necessity audit if if it beyond set requirements. For software engineer positions 15-1031 and 15-1032 are Job zone 4 SVP range of 7-8, meaning the maximum education and work experience requirements an employer could set can be Bacelors plus 2 years work experience OR masters plus 0 years experience. Any requirments beyond this could and can get a business necessity audit.
 
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