sanelasona
New Member
Please suggest what could be the reason and what are the next steps-
Your Application for Permanent Employment Certification was not certified due to the following:
Denial Reason:
In accordance with the Immigration and Nationality Act at INA 8 CFR § 214.2 (D)(3) and as implemented at 20 CFR § 656.3, an evaluation of foreign educational credentials in equivalence to a United States baccalaureate or higher degree shall be determined by a reliable credentials evaluation service which specializes in evaluating foreign educational credentials.
Where the employer states that it used a credentialling service to qualify the foreign worker’s education and/or experience requirements, it must then provide further details on Appendix C. Per the instructions, the employer must “…use Appendix C to explain briefly what experience, education, or combination of both was used to qualify the foreign worker for the minimum requirements. For example, the credentialing service accepted two (2) years of experience in lieu of a bachelor’s degree. Per 20 CFR 656.3, if the employer is willing to accept work experience in lieu of a baccalaureate or higher degree, such work experience must be attainable in the U.S. labor market and must be stated on the application form.”
The employer indicates in Appendix C Section G.10 “Degree equivalent to a U.S. bachelors degree.” The employer's response lacked sufficient information, preventing the Department from determining if a credentials evaluation service was used as stated in Appendix C (G.10) on the Form ETA-9089 application. As a result, the application is denied.
DENIAL AUTHORITY: Pursuant to 20 CFR § 656.17(a), an employer who desires to apply for a labor certification on behalf of an alien must file a completed Department of Labor Application for Permanent Employment Certification form (ETA Form 9089). The application must be filed with an ETA application processing center. Incomplete applications will be denied.
DENIAL AUTHORITY: Pursuant to 20 CFR § 656.3, if the employer is willing to accept work experience in lieu of a baccalaureate or higher degree, such work experience must be attainable in the U.S. labor market and must be stated on the application form. If the employer is willing to accept an equivalent foreign degree, it must be clearly stated on the Application for Permanent Employment Certification form.
DENIAL AUTHORITY: Pursuant to INA 8 CFR § 214.2 (D)(3), equivalence to completion of a United States baccalaureate or higher degree shall mean achievement of a level of knowledge, competence, and practice in the specialty occupation that has been determined to be equal to that of an individual who has a baccalaureate or higher degree in the specialty and shall be determined by an evaluation of education by a reliable credentials evaluation service which specializes in evaluating foreign educational credentials.
Your Application for Permanent Employment Certification was not certified due to the following:
Denial Reason:
In accordance with the Immigration and Nationality Act at INA 8 CFR § 214.2 (D)(3) and as implemented at 20 CFR § 656.3, an evaluation of foreign educational credentials in equivalence to a United States baccalaureate or higher degree shall be determined by a reliable credentials evaluation service which specializes in evaluating foreign educational credentials.
Where the employer states that it used a credentialling service to qualify the foreign worker’s education and/or experience requirements, it must then provide further details on Appendix C. Per the instructions, the employer must “…use Appendix C to explain briefly what experience, education, or combination of both was used to qualify the foreign worker for the minimum requirements. For example, the credentialing service accepted two (2) years of experience in lieu of a bachelor’s degree. Per 20 CFR 656.3, if the employer is willing to accept work experience in lieu of a baccalaureate or higher degree, such work experience must be attainable in the U.S. labor market and must be stated on the application form.”
The employer indicates in Appendix C Section G.10 “Degree equivalent to a U.S. bachelors degree.” The employer's response lacked sufficient information, preventing the Department from determining if a credentials evaluation service was used as stated in Appendix C (G.10) on the Form ETA-9089 application. As a result, the application is denied.
DENIAL AUTHORITY: Pursuant to 20 CFR § 656.17(a), an employer who desires to apply for a labor certification on behalf of an alien must file a completed Department of Labor Application for Permanent Employment Certification form (ETA Form 9089). The application must be filed with an ETA application processing center. Incomplete applications will be denied.
DENIAL AUTHORITY: Pursuant to 20 CFR § 656.3, if the employer is willing to accept work experience in lieu of a baccalaureate or higher degree, such work experience must be attainable in the U.S. labor market and must be stated on the application form. If the employer is willing to accept an equivalent foreign degree, it must be clearly stated on the Application for Permanent Employment Certification form.
DENIAL AUTHORITY: Pursuant to INA 8 CFR § 214.2 (D)(3), equivalence to completion of a United States baccalaureate or higher degree shall mean achievement of a level of knowledge, competence, and practice in the specialty occupation that has been determined to be equal to that of an individual who has a baccalaureate or higher degree in the specialty and shall be determined by an evaluation of education by a reliable credentials evaluation service which specializes in evaluating foreign educational credentials.