EB2 for software pros. under PERM-- difficult!!!

[hipka]

Under the DOT Code which we use for the current labor certification application, a number of IT occupations belong to SVP 8. These SVP 8 occupations are considered typical EB-2 occupations that require a Master's degree or a Bachelor's degree plus 5 years of progressive experience.

But with PERM, EB2 none of IT occupations are defined as SVP 8 occupations under the O*NET Job Zone definitions.

Check with your attorney immediately about this issue those who are waiting for EB2-PERM computer professionals.

How do we sponsor EB2 for software pro's under PERM now???

 

[segio_01]

I guess you need to show it is business necessity if your ad requires MS or BS+5.

Under the DOT Code which we use for the current labor certification application, a number of IT occupations belong to SVP 8. These SVP 8 occupations are considered typical EB-2 occupations that require a Master's degree or a Bachelor's degree plus 5 years of progressive experience.

But with PERM, EB2 none of IT occupations are defined as SVP 8 occupations under the O*NET Job Zone definitions.

Check with your attorney immediately about this issue those who are waiting for EB2-PERM computer professionals.

How do we sponsor EB2 for software pro's under PERM now???

 

[hipka]

I guess you need to show it is business necessity if your ad requires MS or BS+5.

Business necessity cannot be shown for a large number of cases, so majority of MS degree holders are condemed to be EB3 applicants.

 

[segio_01]

Business necessity cannot be shown for a large number of cases, so majority of MS degree holders are condemed to be EB3 applicants.

You are free to use "business necessity" if you'd like to. I don't see any rule in PERM that prevent you from doing so. Of cource your "business necessity" must be reasonable and you have to prepare for being audited.

 

[APD]

You are free to use "business necessity" if you'd like to. I don't see any rule in PERM that prevent you from doing so. Of cource your "business necessity" must be reasonable and you have to prepare for being audited.

You are right, there is no such limitations under PERM but like you said all such cases will be audited and the processing time will be much much longer than the standard 45-60 days they are promising.

 

[hipka]

You are right, there is no such limitations under PERM but like you said all such cases will be audited and the processing time will be much much longer than the standard 45-60 days they are promising.

I have talked to several people on this and everyone suggested using the business necessity clause. We are thus heading to a backlog even before the program begins. My thoughts are however to adjust the job descriptions to include management responsiblities (if the employer agrees of course) and file with SVP 8. What do you think?

 

[APD]

I have talked to several people on this and everyone suggested using the business necessity clause. We are thus heading to a backlog even before the program begins. My thoughts are however to adjust the job descriptions to include management responsiblities (if the employer agrees of course) and file with SVP 8. What do you think?

There is no harm trying to adjust the job descriptions and show business necessituy to file under EB-2. But as you know this will automatically initiate an audit and it will take much longer time to get the LC approved may be a year or more (who knows). And if the CO is not convinced then there my be futher queries or rejection.

If that is the case then why don't you go ahead and file regular EB-2 case before March-28 under the current system. That might take little longer than the previous case but then the chances of approval are much higher. Just a suggestion.

 

[santex24]

Business Analyst title and job duties for PERM with EB2

Hi folks,
I would like to know whether a "business analyst" title with matching
job duties will be a strong case to file under PERM with a Master's degree
requirement, thereby helping me qualify for EB2. Can one of you please clarify
if this is possible?

 

[ohiostud]

Some info o murthy chat

Chat User : Is it true that we can only apply for EB3 after PERM because all the software classifications are under level 8.0?

Attorney Murthy : Generally, it is true that all software positions appear only to allow an EB3 filing due to the classification levels under PERM. There is a risk in filing for business necessity since that may result in an audit by the Department of Labor or a risk of the LC denial down the road after an audit, in some cases. So there are risks associated with PERM, and, unfortunately, we will only understand the level of risk when we see the Department of Labor in action and how they plan to enforce the PERM program.

 

[knowDOL]

This sounds good. but by the time EB2 approves under current regulations, eb2 might have retrogressed back to 2003 Jan. And it will take at least two years to file for I485. And the chances of losing a job in this 4 year period are high because the pay has to high for EB2 when compared to EB3. If it happens when one of nth year extensions are pending, we cannot even find another job. So, if we currently have a eb3 case may be should just let that continue instead of crying out for EB-2 loudly. We should do something if that will change the PERM regulation or ONET descriptions to allow Senior IT occupations should be eligible for EB2 under PERM. Should we try petitioning about this? What do you guys think?

There is no harm trying to adjust the job descriptions and show business necessituy to file under EB-2. But as you know this will automatically initiate an audit and it will take much longer time to get the LC approved may be a year or more (who knows). And if the CO is not convinced then there my be futher queries or rejection.

If that is the case then why don't you go ahead and file regular EB-2 case before March-28 under the current system. That might take little longer than the previous case but then the chances of approval are much higher. Just a suggestion.