PERM Application - H Section - HELP!

B

Brooklyn Human Resources

New Member
Hello,

I just want to double check what I am being told to enter by our attorney for the H section of a PERM I am filing for one of our employees. First of all, we are a High School, so our minimum requirement is going to be a Master's degree, with no experience or options of experience and Bachelor's. The LACK of Kellogg language should not be a problem, right?

H4: Master's (our employee has a PhD in the field)
H5: No
H6: No
H7: No
H8: No
H10:No
H11 : In the job duties I am pasting the job description that I have used to advertise the job.
H12: Yes
H13: No
H14: I was planning to leave it blank, since the job duties are pretty standard. Is that ok?

At J11 I am declaring that the alien has a PhD.

Could anybody double check if I am doing everything right?

Thanks!
 
Everything looks OK, except if foreign national holds PhD from outside US you would like to mark Yes on H9. Kellogg language is not required since you have only 1 primary requirement. Kellogg language is applicable if case of primary & secondary requirements.
 
whitemimauz3 said:
Everything looks OK, except if foreign national holds PhD from outside US you would like to mark Yes on H9. Kellogg language is not required since you have only 1 primary requirement. Kellogg language is applicable if case of primary & secondary requirements.
Click to expand...

Thank you so much for the response.

I have another question: I have read online that if no experience is required for the job (H6: No), this might trigger an audit.

Our employee has experience but in an alternate occupation. Should we then enter:

H6: Yes
H6A: 6 months

H10:Yes
H10A: 6 months
H10B: job title compatible with the experience in an alternate occupation that our employee has?

Thanks again!
 
That's true if position is set up with no experience IT might trigger audit but not necessarily.
The position requires ONLY masters degree & NO work experience, since you correctly marked H6 as NO, then you cannot mark YES on H10. You can mention beneficiary's work experience in Section K ,but by mentioning it neither can help or damage your application. If beneficiary holds PhD from foreign country you might want to mark YES on H9.
 
whitemimauz3 said:
That's true if position is set up with no experience IT might trigger audit but not necessarily.
The position requires ONLY masters degree & NO work experience, since you correctly marked H6 as NO, then you cannot mark YES on H10. You can mention beneficiary's work experience in Section K ,but by mentioning it neither can help or damage your application. If beneficiary holds PhD from foreign country you might want to mark YES on H9.
Click to expand...

Thank you for the reminder re H9, where I entered YES.

Since the alternate occupation is closely related to the job, I wanted to change H6 to a YES, and then also H10 to a YES, writing for both 6 mths (my employee HAS experience in the alternate occupation). Would that take care of the potential trigger for an audit?
 
You don't need to do anything with alternate occupation. Remember you have only 1 primary requirement i.e. masters degree therefore follow this.
ETA 9089 section H 1-2 primary work location,H-3 job title, H-4 masters, H-4b major field of study, H-5, 6,7,8 NO, H-9 YES, H-10 NO, H-11 job duties, H-12 YES, H-13 NO, H-15 NO, H-16 YES, H-17, 18 NO, I1 YES, I2 NO, Write down your recruitment details on Ic & d, E23 NO, E24 NA, E25 YES, E26 NO, Write down beneficiary's details on J, J17-20 NA, J21, 22 NO, J23 YES
 
whitemimauz3 said:
You don't need to do anything with alternate occupation. Remember you have only 1 primary requirement i.e. masters degree therefore follow this.
ETA 9089 section H 1-2 primary work location,H-3 job title, H-4 masters, H-4b major field of study, H-5, 6,7,8 NO, H-9 YES, H-10 NO, H-11 job duties, H-12 YES, H-13 NO, H-15 NO, H-16 YES, H-17, 18 NO, I1 YES, I2 NO, Write down your recruitment details on Ic & d, E23 NO, E24 NA, E25 YES, E26 NO, Write down beneficiary's details on J, J17-20 NA, J21, 22 NO, J23 YES
Click to expand...

Great. Thank you SO much for your help!
 
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