Labor Substitution Question

[sndcap]

I was working for a company in a position of X since Oct 1998. A LC was filed for one of my colleagues also working in position X in May 2001 and it was approved. The said employee was recently let go due to some reasons, so the LC is available for substitution.

The LC states that a requirement for the position is a Masters degree + 1 year experience.

I am now working in position X+1 and would like use this LC. I already have a Masters degree so I satisfy that requirement. I am also aware that for labor substitutions, you have to have the experience mentioned in the LC the day the LC was filed.

The question is as follows:

Can I use my experience with this company in position X (from Oct 1998 until May 2001) as the 1 year required in the LC or does that one year *have to be* before I joined this company in position X?

Thanks, I can clarify if necessary.

 

[Jim Mills]

Maybe.
It's really hard to do mych better than that answer. It depends on many factors. BALCA decisions are inconsistent and do not create a bright line rule. There is a BALCA decision that experience as a Pharmacist could NOT be used as a prerequisite for a Pharmacy Manager. There are several general areas to consider though and you need to speak to your attorney for specific advice regarding whether this is possible and the probability of approval.