Sharing my LC case

[babegirl42000]

Ok. My LC was approved on 1/21/03 and wanted to share this for you guys.

1: my case was a bit unique. My job is not able to provide level 2 wages for me. Becuase I am in social service field, unless you have an Master's degree and Professional liscence to practice counseling, my company (and most of place in this field) normally DOESNT offer level 2 wages. I do have a BS and 2 years of experience, and moreover my company wasn't able to find a staff for the position I have for almost 1 year.

2: Also the DOT includes wide ranges of job responsibilities into one for counselors. This means the private practice counselor who charges $200 per session and a substace abuse counselor who's annualy saraly is less than 25K is clasified in the same categories for prevailing wages.

My status was satisfiying most of requirement for RIR except prevailing wages issues that I mentioned above.

My laywer and I decided to argue about this. So we did send a nice letter explaining the current situation in the particular labor field and argued that I should be qualified to Labor certification even though it is level 1 job, since it is clear the labor is severely short in this field.

When DOL approved my case without any sort of questions, my lawyer was also very, very surprised and told me this is extremely rare for them to pass this case without a battle.

Here is my detail.

SESA in Ohio
applied on 4/22/02
approved on 9/24/02

DOL in Chicago
filed on 10/24/02
approved on 1/21/03

Now, I am applying for I-140 on NSC
RD 02/24/03

wish me a luck how this goes with NSC.

 

[babegirl42000]

Let me know

if you have heard that LC was passed with level I job descriptions before

 

[minn_labor]

babegirl

can you explain what a level 1 job is?

i have no clue.

 

[babegirl42000]

level 1/2 jobs

in order to pass the RIR cases, you may know the prevailing wages determination is important.
Based on different degrees of skills in the occupation, the SESA will detremine which of the two levels of wages are appropriate.
Most of time, since LC is needed to apply I-140 as a skilled worker, that is very rare for the position with level 1 wage approved without being questioned.
Please refer following quote.

Direct quote from RIR information
"Where state licensure(LC) is required for an individual to indenpendently perfom all of the dutires encompassed by the occupation, the workers shall be considered to be performing work requireing skills at a level 2, unless the employer can present sufficient evidence that the alien doesnot, in fact, independently perform all of the dutites encompassesd by the occupation"