PERM - Job description question

[librau]

Hi Gurus,

My labor case in PBEC was closed and we have initiated for PERM filing. I have a question on job description. My company has some NSA agreement with US Gov., and my legal wants to add a line in job description as

"This position will require Network Security Screening. Pursuent to the NSA (Network Security Agreement) entered into between xx company and US Gov., only US citizens may be assigned to this position".

My attorney says we can not state that the position requires US citizenship or else i will not qualify, even you after obtain a green card.

I have been working with this company for last 5 years and as per NSA agreement, all existing working employees were wetted (Grand fathered) for NSA.

if we mention above quote, would Labor is denied? At what stage this would give trouble ?

If we just mention the position require Network level security screening, then will there be problems?

Appreciate your inputs. After 4 years of waiting & case closure, this is really bothering me.

Thanks.

 

[gdhiren]

Hi Gurus,

My labor case in PBEC was closed and we have initiated for PERM filing. I have a question on job description. My company has some NSA agreement with US Gov., and my legal wants to add a line in job description as

"This position will require Network Security Screening. Pursuent to the NSA (Network Security Agreement) entered into between xx company and US Gov., only US citizens may be assigned to this position".

My attorney says we can not state that the position requires US citizenship or else i will not qualify, even you after obtain a green card.

I have been working with this company for last 5 years and as per NSA agreement, all existing working employees were wetted (Grand fathered) for NSA.

if we mention above quote, would Labor is denied? At what stage this would give trouble ?

If we just mention the position require Network level security screening, then will there be problems?

Appreciate your inputs. After 4 years of waiting & case closure, this is really bothering me.

Thanks.

You would definitely not qualify with Citizenship requirement clause, and it doesn't make any sense if your employer is sponsoring you for the same position that you currently hold with them. Why do you want any such sentence at all? to disqualify some resumes, I suggest you better find some other job specific reasons. If you have to include the later sentence without citizenship, you should check the definition of 'Network level security screening' if there is any such legal term defined that would disqualify you in any case. Well qualified Attorney should be consulted in such matters if you have to include that sentence.

 

[WellWisher007]

Dhiren, I have sent you a pm

Dhiren, I have sent you a pm, Please read

You would definitely not qualify with Citizenship requirement clause, and it doesn't make any sense if your employer is sponsoring you for the same position that you currently hold with them. Why do you want any such sentence at all? to disqualify some resumes, I suggest you better find some other job specific reasons. If you have to include the later sentence without citizenship, you should check the definition of 'Network level security screening' if there is any such legal term defined that would disqualify you in any case. Well qualified Attorney should be consulted in such matters if you have to include that sentence.

 

[librau]

You would definitely not qualify with Citizenship requirement clause, and it doesn't make any sense if your employer is sponsoring you for the same position that you currently hold with them. Why do you want any such sentence at all? to disqualify some resumes, I suggest you better find some other job specific reasons. If you have to include the later sentence without citizenship, you should check the definition of 'Network level security screening' if there is any such legal term defined that would disqualify you in any case. Well qualified Attorney should be consulted in such matters if you have to include that sentence.

Thanks gdhiren for your quick reply. My legal dept is thick headed and wants to include citizenship clause. And I am fighting tooth & nail not to include it. Just incase if I have to yield to legal head for inclusion of general statment saying that selected have to go through security screening, will it harm me? I guess some companies run security checks and screening before giving empoyment.

DOL should not object for such screening as that step ensures higher security measures for US. This should not effect me as I was wetted for security.

Appreciate your sound thinking and ideas to solve my issue

 

[gdhiren]

Thanks gdhiren for your quick reply. My legal dept is thick headed and wants to include citizenship clause. And I am fighting tooth & nail not to include it. Just incase if I have to yield to legal head for inclusion of general statment saying that selected have to go through security screening, will it harm me? I guess some companies run security checks and screening before giving empoyment.

DOL should not object for such screening as that step ensures higher security measures for US. This should not effect me as I was wetted for security.

Appreciate your sound thinking and ideas to solve my issue

Some general statement should not hurt, but be cautious to what you include. The sentence should not disqualify you as a foreign national in anyways.