ETA form item 15 "special requirements"

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longwayforgc

Registered Users (C)
Hello,

My lawyer put some stuff on ETA Item 15 "special requirements". Could anyone share if you had the same experence? Are those requirements considered part of "minimal requirements" of the job (I mean can they be used as ligitimate reasons to reject other job applicants)? If not, what is the reason to put something in item 15?

I heard from someone that the stuff in Item 15 "special requirements" is ONLY considered to be the preference of the employer while not the "requirements" of the job. Is that true?

Another question: do I need to submit any evidence to prove that I do satisfy those "special requirements"? For example if the "special requirements" in item 15 is the ability to use some software/hardware, and I learnt such skill when I was in school. Then I will not be able to provide any evidence as I only have the diploma from the school but no direct evidence that I learnt such skill. What should I do in this case? Have anyone ever receive any REF from INS or NOF from DOL asking for the evidence for Form ETA 750A item 15 "special requirements"?

Thanks for sharing info/expereince.
 
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Don't worry,

Special requirements are normal. If your position requires some special skills, there is nothing wrong in it. If you just mention only the educational requirements for your position, your employer will end up in receiving more applications. Then, it will be more burden to disqualify them. In my case my employer told some spl requirements to Lawyer, but he accepted that.
 
Originally posted by longwayforgc
Hello,

My lawyer put some stuff on ETA Item 15 "special requirements". Could anyone share if you had the same experence? Are those requirements considered part of "minimal requirements" of the job (I mean can they be used as ligitimate reasons to reject other job applicants)? If not, what is the reason to put something in item 15?

I heard from someone that the stuff in Item 15 "special requirements" is ONLY considered to be the preference of the employer while not the "requirements" of the job. Is that true?

Another question: do I need to submit any evidence to prove that I do satisfy those "special requirements"? For example if the "special requirements" in item 15 is the ability to use some software/hardware, and I learnt such skill when I was in school. Then I will not be able to provide any evidence as I only have the diploma from the school but no direct evidence that I learnt such skill. What should I do in this case? Have anyone ever receive any REF from INS or NOF from DOL asking for the evidence for Form ETA 750A item 15 "special requirements"?

Thanks for sharing info/expereince.
Click to expand...

Special requirement cannot be used to reject candidates if they are Americans/Green Card holders. DOL may ask why they cannot be trained. Also if it makes it too restrictive, SESA/DOL may question intent of LC too.

You need to prove your skills on special requirements - DOL has highly restrictive policy on it nowadays. If not in LC, then expect RFE in 140 stage(the way things are moving.) - if you cannot prove that you have those. YYou may not be having training on those special skills - but if you can get experience letters from your co-workers that you worked on it AND that DOL/USCIS is satisfied that these skills are must for job - you will be thru.

On the other side - it is less likely to be remanded to state on question of availability of workers - that is one benefit.
 
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Now I worried & got doubt.

In ETA 750 if we do not mention any specific skills, then the requirements will become so generic. In my particular case if we do not say any special skills then the requirement will become "BS in *** Engineering + 5 years experience" . I feel almost all the applicants will have this qualifications. Then, what basis the employer disqualify them?

If the requirements are so generic then what is the point in hiring a foreign worker?
 
That is precisely what is happening in couple of DOLs - eg Chicago. There are numerous remands nowadays. So it is wise to mention special skills. My point was that it should not be used in a way to sound restrictive.

For example someone who has worked in data-warehousing with oracle and the job is for ANALYSIS using essbase - cannot be denied an option to upgrade(if DOL feels so). You cannot say that only essbase please! For development purpose it is not restrictive.

Or that you should not mention 4 years of VB experience with DB2/400 as back-end, with RUMBA APIs only. It sounds someone is specifically being targeted for position rather than a fair selection process. 'Restrictive' is relative term and can be taken care of with a fair job description and fairly good documentation on job effort.
 
Iam getting worried too...
Mine says in column 15 - "Willing to accept foreign educational degrees"... What does this mean ?

ATL DOL - Recd date July 11th 2003
Status - Received
 
Does it mean that USCIS (during 140 processing) can question/RFE a job requirement saying its too restrictive in favor of the foreign worker???

I thought they would only match the job requirements on LC with the candidate's resume to make sure he possess the skillset on LC. ?????
 
Originally posted by Some_GreenCard
Iam getting worried too...
Mine says in column 15 - "Willing to accept foreign educational degrees"... What does this mean ?

ATL DOL - Recd date July 11th 2003
Status - Received
Click to expand...

It will not harm your case. On the contrary makes it better(if not redundant) - but still you need to show educational equivalence.
 
Originally posted by zbcx123
Does it mean that USCIS (during 140 processing) can question/RFE a job requirement saying its too restrictive in favor of the foreign worker???

I thought they would only match the job requirements on LC with the candidate's resume to make sure he possess the skillset on LC. ?????
Click to expand...

Please read it again - RFE in 140 if you cannot show you have mentioned skill set.
 
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