Dear all PERM-lings,
Now that the old LC system is gone, I have several PERM related questions that I hope some of your gurus might shed some lights on.
I was hired by my current employer 2 years ago. One year ago, my employer promoted me from the junior level to the senior level, so I am now under a different job title. That title will also be used in PERM application. However, the two positions (junior and senior) are very similar in job duties and responsibilities. Let's say in the ad for recruitment, we will put skill requirements in job duties that I did not have when I was hired two years ago, but were accumulated during my first year in the junior position.
When trying to draw a general line between what can and cannot be used by my employer to reject an applicant, I have a question --
(1). Suppose there is an applicant who does not possess skills required in job duties, can the applicant be rejected on that ground? Remember I did not have those skills either two years ago when I was initially hired by the employer, but I accumulated them in the first year, and at the end of year one was promoted to a senior level position, with which we will be filing for LC. If the employer uses that to reject the applicant, isn't that it is counting my first year on the junior position with the employer as my working experience? Given that the two positions (junior and senior) are very similar in job duties and responsibilities, is it OK to do that at all?
(2). If I submit my case, and were turned down by Labor Dept, what will happen? Will I lose the further opportunity to apply for LC with the same job position? Will my employer be obliged to immediately hire the other applicant that we cannot legally reject?
Thank you in advance for your help.
Now that the old LC system is gone, I have several PERM related questions that I hope some of your gurus might shed some lights on.
I was hired by my current employer 2 years ago. One year ago, my employer promoted me from the junior level to the senior level, so I am now under a different job title. That title will also be used in PERM application. However, the two positions (junior and senior) are very similar in job duties and responsibilities. Let's say in the ad for recruitment, we will put skill requirements in job duties that I did not have when I was hired two years ago, but were accumulated during my first year in the junior position.
When trying to draw a general line between what can and cannot be used by my employer to reject an applicant, I have a question --
(1). Suppose there is an applicant who does not possess skills required in job duties, can the applicant be rejected on that ground? Remember I did not have those skills either two years ago when I was initially hired by the employer, but I accumulated them in the first year, and at the end of year one was promoted to a senior level position, with which we will be filing for LC. If the employer uses that to reject the applicant, isn't that it is counting my first year on the junior position with the employer as my working experience? Given that the two positions (junior and senior) are very similar in job duties and responsibilities, is it OK to do that at all?
(2). If I submit my case, and were turned down by Labor Dept, what will happen? Will I lose the further opportunity to apply for LC with the same job position? Will my employer be obliged to immediately hire the other applicant that we cannot legally reject?
Thank you in advance for your help.