perm question j.22

L

lcb4gc

Registered Users (C)
Hi gurus

Just wondering whether anyone has checked yes on question j.22 (did employer pay for any of the alien's education or training necessary to satisfy any of the employer's job requirements for this position)
Employer re-imbursed some of the coursework for M.S. degree.
Do you think answering yes will trigger an automatic audit?

Thank you all!
 
In general, experience or education gained with the sponsoring employer cannot be used to fulfill the requirements for the job you are applying for under PERM. Hence, the answer should be "no" as that training is not relevant to the PERM application in question.

However, if you are using PERM to apply for a job with the same employer that's at least 50 percent different to the previous job held with the same employer, you MIGHT have to answer yes (please seek other opinions and legal advice on this). In my non-legal opinion, solely answering "yes" under this circumstance is unlikely to trigger an audit - as an audit would have likely been triggered anyway considering that you are using experience from the same employer.

Hope this helps.
 
Mar2004,

did you read the question - it is not about experience but about who PAYS for the thing (employer or individual). Not sure if it makes a difference since 99% the employer pays.
 
Depends on the job requirements. If MS (the one you got with employer tuition reimbursement) is part of the requirements, I would think J22 should be yes. It most probably will raise a red flag. Just my opinion.

lcb4gc said:
Hi gurus

Just wondering whether anyone has checked yes on question j.22 (did employer pay for any of the alien's education or training necessary to satisfy any of the employer's job requirements for this position)
Employer re-imbursed some of the coursework for M.S. degree.
Do you think answering yes will trigger an automatic audit?

Thank you all!
Click to expand...
 
Thanks everyone for their suggestions/comments

Here is a little bit more information to clarify things further:

After receiving M.S. degree the applicant got promoted to a job which requires an M.S. degree. No experience is used that was gained with the same employer. Employer only re-imbursed courses because they were relevant to the field of study, and because the company has a re-imbursement policy for everyone. My concern is that answering yes, would trigger an audit and slow things down. What do you gurus think?

Best of luck to everyone!
 
Thanks everyone for their suggestions/comments

Here is a little bit more information to clarify things further:

After receiving M.S. degree the applicant got promoted to a job which requires an M.S. degree. No experience is used that was gained with the same employer. Employer only reimbursed courses because they were relevant to the field of study, and because the company has a re-imbursement policy for everyone. My concern is that answering yes, would trigger an audit and slow things down. What do you gurus think?

Best of luck to everyone!
 
gc_2006 said:
Mar2004,

did you read the question - it is not about experience but about who PAYS for the thing (employer or individual). Not sure if it makes a difference since 99% the employer pays.
Click to expand...

GC_2006
I guess you misunderstood. The text of the question is" Did the employer pay for any of the alien’s education or training necessary to satisfy any of the employer’s job requirements for this position?

Hence, if the training does not have anything to do with the quals/experience required for the PERM position, the answer is "no".
 
compiler--could you please elaborate a little on your rationale for answering "no"?

mar2004--you are correct about the training, however the question asks for education as well. Since the M.S. degree is part of the min req's and the employer reimbursed part of the total cost, the employer indirectly paid for part of it. Hence the answer could be "yes", correct?
 
Because you want your PERM goes smooth, that is your best choice and the DOL won’t investigate why you do not check “yes” but “no”. It is just such simple.
 
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