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bjorn said:
The employer must justify in writing any special skills or experience required for the position in a fashion that satisfies DOL’s “business necessity test.”
First, any special skills or experience the employer requires must be justified in a fashion that satisfies what is known as a “business necessity test.” This test will be more important under PERM. It is satisfied when the employer’s special requirements are reasonable in the context of the employer’s business, and the evidence shows that the special requirements are essential to perform the job’s duties.
thanks a lot.

1. so what you're saying is, if I want to include a skill in my job requirements (say the Java language, for example), my employer needs to show business necessity justification?

2. How do you show business necessity justification? In this case, how do you show that Java is essential to perform the job’s duties?

3. Do you show this justification when you get audited? Or do you show this when you first submit the application?

4. Having skill requirements (besides education and experience) as part of your job requirements - does that invite an audit?
 
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