EB2 - PERM - Please help

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coolhusker

Registered Users (C)
I am a "Software Systems Engineer" and the job description says "requires BS + 5 years". I have done MS and had no experience before joining the job. My HR agreed to put BS+5 as primary requirement and MS+0 years as alternate requirements.

Q1) Can I file in EB2 as I qualify in alternate requirements?

Q2) My lawyer thinks DOL will not consider SVP levels for BS+5 and MS+0 as same. I have read that BS+5 = MS. Can I point him to some link that explains both are same?

Thanks a heap in advance,
CoolHusker.
 
coolhusker said:
I am a "Software Systems Engineer" and the job description says "requires BS + 5 years". I have done MS and had no experience before joining the job. My HR agreed to put BS+5 as primary requirement and MS+0 years as alternate requirements.

Q1) Can I file in EB2 as I qualify in alternate requirements?

Q2) My lawyer thinks DOL will not consider SVP levels for BS+5 and MS+0 as same. I have read that BS+5 = MS. Can I point him to some link that explains both are same?

Thanks a heap in advance,
CoolHusker.
Click to expand...
look at my case and dont do the same mistake
http://www.immigrationportal.com/showthread.php?t=229587
 
Why not just put MS + 0? Try talking to your HR or even manager about it, the closer the ad is to your exp + education, the smoother things will go.
 
The attorney should file a prevailing wage requesting a master's degree with no experience as the main requirement and a bachelor's degree with 5 years progressive experience or any suitable combination of education, training, or experience as the alternate requirement. The wage will probably come back at a high level though.
 
st4rguitar said:
The attorney should file a prevailing wage requesting a master's degree with no experience as the main requirement and a bachelor's degree with 5 years progressive experience or any suitable combination of education, training, or experience as the alternate requirement. The wage will probably come back at a high level though.
Click to expand...

Thanks for the response. I make 65K in omaha, NE. Do you thing I can make it in EB2 catogory? what PWD level is needed for EB2?
 
ImmigraBoy said:
Why not just put MS + 0? Try talking to your HR or even manager about it, the closer the ad is to your exp + education, the smoother things will go.
Click to expand...

I requested the HR to remove alternate requirements, but not successful. I will have to file PERM with primary and alternate requirements.
 
st4rguitar said:
The attorney should file a prevailing wage requesting a master's degree with no experience as the main requirement and a bachelor's degree with 5 years progressive experience or any suitable combination of education, training, or experience as the alternate requirement. The wage will probably come back at a high level though.
Click to expand...

Is there a need to give alternate requirements when requesting PWD? Please suggest. This is what I saw at DOL website.

----------------------------------------------------------------------
2. Question: When requesting a prevailing wage determination from the SWA should the employer include, if applicable, alternative experience requirements? For example, if the employer requires a Master's Degree plus 2 years experience but will accept a Bachelor's Degree plus 5 years experience, as an alternative, should the employer include both on the prevailing wage request?

Answer: No, the employer should not separately include "alternative education and experience requirements" when requesting a prevailing wage determination from the SWA. Employer requests for prevailing wage determinations must describe the actual education and experience requirements the worker must possess to be considered for the job opportunity.

NOTE: The education and experience stated on the prevailing wage request for PERM applications must match the minimum education and experience stated on the ETA form 9089 (Item H4, H4a, H4b, H6 and H6a). The employer is reminded that alternative experience requirements must be substantially equivalent to the primary requirements of the job opportunity for which employment is sought.
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Thanks.
 
Please help gurus

For LCA approval, can
MS+0 be considered as equivalent to B.S.+5?

I have M.S. in U.S. and 2 years of exp. (of which i was a consultant for 1 year and then became an employee after that at the same place).

As per the O*Net, it looks like my job requirements fall under Job Zone 4.

Kindly advice what would be the best requirement (Education + experience) description we can put? And can we put any alternative requirments too?

Best Regards
kanth.
 
If you have a U.S. Master's degree with 1 year of experience NOT with the company filing for the LC, your attorney should prep. the case as a Master's + 1 year exp. or "any suitable combination of education, training, or experience" (the quote/unquote 'magic language').
If you have a U.S. Master's degree with no experience outside of this company... your employer might have trouble at the I-140 level indicating that no one with a master's degree applied for the position. Denying U.S. workers with the same credentials is illegal, as is tailoring the application to meet your exact credentials.
Hope this helps.

skanth said:
For LCA approval, can
MS+0 be considered as equivalent to B.S.+5?

I have M.S. in U.S. and 2 years of exp. (of which i was a consultant for 1 year and then became an employee after that at the same place).

As per the O*Net, it looks like my job requirements fall under Job Zone 4.

Kindly advice what would be the best requirement (Education + experience) description we can put? And can we put any alternative requirments too?

Best Regards
kanth.
Click to expand...
 
Thank you. 1 more ?

Hi St4rguitar,

Thanks for your prompt reply.
As per your advice, where exactly can we put this "any suitable combination of education, training, or experience" (the quote/unquote 'magic language') in the 9089 application. And did you mean that we can proceed without the alternate requirements at all? Your advice is greatly apprciated. Thanks.

Form elements in 9089

4. Education: minimum level required:
4-A. If Other is indicated in question 4, specify the education required:
4-B. Major field of study

6. Is experience in the job offered required for the job? 6-A. If Yes, number of months experience required:

8. Is there an alternate combination of education and experience that is acceptable?
8-A. If Yes, specify the alternate level of education required:
8-B. If Other is indicated in question 8-A, indicate the alternate level of education required:
8-C. If applicable, indicate the number of years experience acceptable in question 8:


st4rguitar said:
If you have a U.S. Master's degree with 1 year of experience NOT with the company filing for the LC, your attorney should prep. the case as a Master's + 1 year exp. or "any suitable combination of education, training, or experience" (the quote/unquote 'magic language').
If you have a U.S. Master's degree with no experience outside of this company... your employer might have trouble at the I-140 level indicating that no one with a master's degree applied for the position. Denying U.S. workers with the same credentials is illegal, as is tailoring the application to meet your exact credentials.
Hope this helps.
Click to expand...
 
coolhusker said:
I am a "Software Systems Engineer" and the job description says "requires BS + 5 years". I have done MS and had no experience before joining the job. My HR agreed to put BS+5 as primary requirement and MS+0 years as alternate requirements.

Q1) Can I file in EB2 as I qualify in alternate requirements?

Q2) My lawyer thinks DOL will not consider SVP levels for BS+5 and MS+0 as same. I have read that BS+5 = MS. Can I point him to some link that explains both are same?

Thanks a heap in advance,
CoolHusker.
Click to expand...

Can you help me with few examples of AD....for Software Enginner....
 
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