Question about DOL Form ETA 9089

LuciDreamer

Registered Users (C)
Hello folks.

After working for my employer for 1.5 years as a Sr. Software Engineer, they finally decided to go for my PERM. It is becoming very hard to get approved for DOL because of the current economic situation and filling out the paperwork correctly in the first place is critical.

I have some questions regarding the alien information completion of the ETA 9089. I am working with the attorney to let me verify all the forms that will be submitted to make sure that the information is right and there are some tricky, ambiguous questions in the form. Therefore, I would really appreciate any feedback from you. Thanks.

17. Did the alien complete the training required for the requested job opportunity,
as indicated in question H.5?
-Not sure what the answer should be. But by answering 'No' may trigger a flag or render me 'unqualified' for this position in the eyes of DOL? Does it imply previous training completed prior to hiring by the current employer?

18. Does the alien have the experience as required for the requested job
opportunity indicated in question H.6?
-Yes.

19. Does the alien possess the alternate combination of education and experience
as indicated in question H.8?
-Yes.

20. Does the alien have the experience in an alternate occupation specified in
question H.10?
-Yes.

21. Did the alien gain any of the qualifying experience with the employer in a
position substantially comparable to the job opportunity requested?
-Yes. Not really sure whether it applies to my case, but I worked for the same employer as a contractor for the first 8 months and used 60% of the same tools.

22. 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?
-Not sure what the answer should be. There was no formal training or education in this job with the current employer, except for paid conference once and short training sessions.

23. Is the alien currently employed by the petitioning employer?
-Yes.
 
Hello folks.

After working for my employer for 1.5 years as a Sr. Software Engineer, they finally decided to go for my PERM. It is becoming very hard to get approved for DOL because of the current economic situation and filling out the paperwork correctly in the first place is critical.

I have some questions regarding the alien information completion of the ETA 9089. I am working with the attorney to let me verify all the forms that will be submitted to make sure that the information is right and there are some tricky, ambiguous questions in the form. Therefore, I would really appreciate any feedback from you. Thanks.

17. Did the alien complete the training required for the requested job opportunity,
as indicated in question H.5?
-Not sure what the answer should be. But by answering 'No' may trigger a flag or render me 'unqualified' for this position in the eyes of DOL? Does it imply previous training completed prior to hiring by the current employer?

18. Does the alien have the experience as required for the requested job
opportunity indicated in question H.6?
-Yes.

19. Does the alien possess the alternate combination of education and experience
as indicated in question H.8?
-Yes.

20. Does the alien have the experience in an alternate occupation specified in
question H.10?
-Yes.

21. Did the alien gain any of the qualifying experience with the employer in a
position substantially comparable to the job opportunity requested?
-Yes. Not really sure whether it applies to my case, but I worked for the same employer as a contractor for the first 8 months and used 60% of the same tools.

22. 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?
-Not sure what the answer should be. There was no formal training or education in this job with the current employer, except for paid conference once and short training sessions.

23. Is the alien currently employed by the petitioning employer?
-Yes.


17. It depends if training is required for the position as in section H. If no training is required, "N/A" should be designated.

21. If you respond yes, this is one of the automatic audit triggers on the ETA system. It's asking if you gained any of the qualifying experience -- this means, is the only way you qualify for the position through working for the employer? Do you have other experience listed on the petition that qualifies you from another company? If so, answer NONONO.

22. Again, this is another automatic audit trigger. Example, if the position requires a Master's degree and the employer paid for your Master's coursework, they are giving you an unfair advantage against US workers... etc. You do not want to answer 'yes' to this question unless it is the truth.
 
Thanks a lot, St4rguitar. I sent a note to the paralegal about re-enabling the online questionnaire to fix the answers. Not sure they will do it easily or will bounce me to the employer/HR route instead. So slow to get anything done in this company where I work :(
 
Top