RFE for Qualification in RIR labour

M

manusrivastav

Registered Users (C)
Guys ,
My RIR labor was filed in april 2004. I just received an notice of finding with option for rebuttal by providing additional information.

the orignial ETA 750 forms say the following for the Requirement of Position : = Senior Software Engineer:
1) Bachelor's degree in Computer Science or related field.
2) 2 years of prior work Experience in the job offered or 2 yrs of prior work experince as Software Developer/Architect.

-- I have a 4 yrs bachelors in Technology in Metallurgical Engineering with 6 yrs of Experience when i joined this company in 2001.

The backlog centre has said that : A review of ETA 750, part B reveals that alien does not posses a bachelor in Computer Science or related field.

So please submit rebuttal evidence that clearly shows that the alien at the time of hire had the qualification now required. Rebutal evidence must include College transcript to show that the alien had the specified degree or validated as to being the equivalent of the required degree.

OR
the option to amend or delete the educational requirement. a new job order may have to be placed and the job opportunity re-advertised. But further advertising should not be initiated until additional instruction are receivied from the office.
------
My attorney is suggesting to follow the route of amending the ETA-750A to read as requiring a Bachelor's degree in "Computer Science, Engineering, or related field," and also inserting the language "Employer will accept any combination of education and/or experience in lieu of the Bachelor's degree" in the "Other Special Requirements" section.

Please advice/suggest as what are the options.

Thanks

Manu
 
manusrivastav said:
Guys ,
My RIR labor was filed in april 2004. I just received an notice of finding with option for rebuttal by providing additional information.

the orignial ETA 750 forms say the following for the Requirement of Position : = Senior Software Engineer:
1) Bachelor's degree in Computer Science or related field.
2) 2 years of prior work Experience in the job offered or 2 yrs of prior work experince as Software Developer/Architect.

-- I have a 4 yrs bachelors in Technology in Metallurgical Engineering with 6 yrs of Experience when i joined this company in 2001.

The backlog centre has said that : A review of ETA 750, part B reveals that alien does not posses a bachelor in Computer Science or related field.

So please submit rebuttal evidence that clearly shows that the alien at the time of hire had the qualification now required. Rebutal evidence must include College transcript to show that the alien had the specified degree or validated as to being the equivalent of the required degree.

OR
the option to amend or delete the educational requirement. a new job order may have to be placed and the job opportunity re-advertised. But further advertising should not be initiated until additional instruction are receivied from the office.
------
My attorney is suggesting to follow the route of amending the ETA-750A to read as requiring a Bachelor's degree in "Computer Science, Engineering, or related field," and also inserting the language "Employer will accept any combination of education and/or experience in lieu of the Bachelor's degree" in the "Other Special Requirements" section.

Please advice/suggest as what are the options.

Thanks

Manu
Click to expand...


It is better to change the Degree requirement as suggested by your Attorney. Satisfying this with your degree is also tricky ( Degree being Metalaurgical) - 1) Bachelor's degree in Computer Science or related field.

Also if you think of subsituting 6 years for 4 year degree it will be difficult ( going by 2 Year of exp = 1 Year of Degree)

Go with what your attorney says
 
Thanks.
Is there any chance of approval if we do the attorney change the requirement. Is there any chance of advertisement/rerecrutiment. Is there any chance of this case going into non RIR.
 
manusrivastav said:
Thanks.
Is there any chance of approval if we do the attorney change the requirement. Is there any chance of advertisement/rerecrutiment. Is there any chance of this case going into non RIR.
Click to expand...

May be after you submitt they may approve based on your previous ad done. Since the requirement for qualification is changing drastically they may ask to you do another Recruitment process where you will be asked to post new ads with these requiremnt and they will supervise the Responses coming

It will be like Traditional.

While refining the requiremnt as per your Attorney ask him to submitt additional evidence for previous RIR effort by the Compnay at the time they applied for this labor Petition where by you have not got any qualified candidadtes. May be they might accept that and not do another Recruitmnent
 
I think, Saknia is right. Please make sure your attorney submit all documents with change in one package(duplication is OK). Don't assume that DBEC will look other information from file.

Good Luck.

saknia said:
May be after you submitt they may approve based on your previous ad done. Since the requirement for qualification is changing drastically they may ask to you do another Recruitment process where you will be asked to post new ads with these requiremnt and they will supervise the Responses coming

It will be like Traditional.

While refining the requiremnt as per your Attorney ask him to submitt additional evidence for previous RIR effort by the Compnay at the time they applied for this labor Petition where by you have not got any qualified candidadtes. May be they might accept that and not do another Recruitmnent
Click to expand...
 
Thanks Guys,

My attorney says that Puting a requirement like "Bachelors in Engineering,Computer Science, or related field" might be enough. Puting the " Employer would accept any combination of Education and Experience" in the special requirement section in ETA 750, might not be required since I do have a Bachelors in Metallurgical Engineering, which clearly is an Engineering branch. He would also submit an education evaluation saying that my degree is equivalent to " 4 yrs Bachelors in Engineering in US", My Experience certificates, All the resume we got for the recruitment done in 2004, the reasons for denial.

Does the above sound reasonable to everyone, or are we missing anything in the package to be sent.

Thanks

Manu
 
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