substitute labor - URGENT

[help4lc]

My company has a substitue labor of an ex-employee that I might be able to use for my I-140 application.

What are the rules for using a substitute labor for a new I-140 application ?

Do the education and the experience BOTH have to match ?

My experience is similar to the person whose labor I can use . But he has an MCA while I have a Bachelors in Comp Science.

Would that be ok ?

 

[talkative]

> Do the education and the experience BOTH have to match

Yes. If the LC says "or equivalent", you may have some room, but by and large, they must be equal or better than LC requirements.

1. Education and experience requirements must be met by the substituted alien on the day when the LC was filed. (If it was filed in 2001, and you got your degree in 2002, the degree can't be used etc)

2. The company (if small) may be required to show it's ability to pay the LC wage from the date the LC was filed

> But he has an MCA while I have a Bachelors in Comp Science.

It will be a problem. If you can show 5 years of experience as of LC filing and the LC says "or equivalent", you may have a chance. Otherwise, the LC is for a Master's degree and so it won't match you.

~T