Minimum requirements in the ad for RIR case

A

activex111

Registered Users (C)
Hi,
My lawyer is specifying very minimum requirements (2 years experience and bachelors degree, thats it) for the ad using which they are planning to file my case for labor. I am doing a hell lot more than what the ad says and the company pays me accordingly which is definitely more than what a 2yrs+ exp and bachelors degree can earn.
I dont understand on what cause the lawyer is going to say that they didnt find a candidate with such minimum requirements and also is it possible that DOL might say that the pay is high for such a job which requires just a few things?

Also the lawyer has been running the ad for the past 3 months and wants to go on for 3 more months... Would you please post your experience for comparison as to how long the ad was ran? Thanks,
any feedback is appreciated.. thanks,
 
activex111,

Even my company did the same thing. For RIR, you had to show minimum 6 months previous hiring, and also in the AD you can put only the minimum requirements for the Job description, though in reality you always do more.

Based on current job market scenario, if you are going to hurry the RIR process, it will more likely be returned to run more ads.
 
thanks sat.. but such min requirements as 2 years of experince and bachelors degree qualifies a whole lot of people out there then on what basis can we justufy the employement?
 
activex111,

You can only use prerequisites that you had prior your employment. Please, check other threads in this forum, there has been a lot of discussions around the subject.

Whether it 2 or 20 years depends on what you had before you were hired.

Well, there gotta be a catch with RIR, shouldn't it?
 
Hi Hexamon, that was my point of argument with the lawyer.. I do have atleats 4 yrs of very relevant experince.. and also have a MBA degree from US... but the lawyer does not want to use any of that...
 
yes, it was before i was hired here.. I am aware that the on job experience does not count... also, as i said before, i am worried how he is goign to justify the salary if as per teh ad, the requirements are not very high for the job.. have you heard of any cases where the labor was rejected because the requirements seems too easy to find or because the salary seems high?
 
Ok then. Your laywer should and can use the prior experience. I'm not sure why he/she wouldn't. Though, i wouldn't jump to conclusions. There might be something in the case that's important. My guess is, he's trying not to make it look as "tailored" to you.

I would find another lawyer, pay for one-time consulation, go through the case and see what he has to say.

As for salary - DOL has a salary survey for every category - prevailing wage. Your salary should be within 95% range of the prevailing one.
 
I heard the salary posted in the LC is only the minimum. Can it be higher, if so what is the ceiling?
 
Yes, it can be higher. The only limit is when the salary gets so much higher the INS or DOL does not believe that you are really working in that position. For example, if the LC said the person had to be paid a minimum of $60K per year, $75K probably would not cause any problem at all, $260K probably would.
 
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