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braniand

Registered Users (C)
:) I have several concerns with sections H and J from ETA 9089. Please share your experience and understanding

1. In a professional occupation for EB2 what is the difference b/n training required and experience required? I understand these cannot overlap each other.
EG, if the job opportunity required Master plus 5 yrs experience, I believe it does not need to require training as well. What are your thoughts?

2. Section J question 23, to me is the alien currently employed should be answered YES only if the alien is employed in the same job opportunity. Reasoning, the questions before that refer to the job opportunity, not in general? Besides, if the question is meant to be answered in general, (meaning if the alien is employed by the petitioner in another occupation, the answer must be YES too), then the form does not work because this question does not ask further in what capacity is the beneficiary employed and how this relates to the job opportunity?

3. If a job opportunity requires only Masters and experience, can the experience be gained with other employers after the alien completed his Bachelor's or the experience must be after the Masters degree?

Thank you for your inputs
 
Addition

Referring to question J23, if one answers YES, that will mean the alien is already employed in the job opportunity for which certification is needed. Because 656, (i) (3) reads that "If the alien beneficiary already is employed by the employer, ..." the employer can justify experience with the same employer ONLY if "the alien gained the experience while working for the employer" in a different occupation. From which we conclude that the alien worked for the employer in a different occupation, and is now working in the job opportunity for which certification is required.
 
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