wierd perm denial

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peace4u

Registered Users (C)
Guys, Would really appreciate some expert advice on this issue. Just recently my lawyer said that my PERM case (a conversion case) got denied for no understandable reason. I have a masters and the basic job qualification reqd was a bachelors. The wording is as follows:
"the alien beneficiary must meet the actual minimum requirements necessary to perform the job. The alien's qualifications listed in Section J of ETA Form 9089 do not meet these requirements. Therefore the application is denied."

The wording is terse and gives no meaningful clues .. My lawyer is encouraging me to go appeal and the company says they will bear any associated costs..
(a) Has anyone gone thru this kind of an experience?
(b) How long and successful was the denial appeal process?

thanks much.
 
peace4u said:
Guys, Would really appreciate some expert advice on this issue. Just recently my lawyer said that my PERM case (a conversion case) got denied for no understandable reason. I have a masters and the basic job qualification reqd was a bachelors. The wording is as follows:
"the alien beneficiary must meet the actual minimum requirements necessary to perform the job. The alien's qualifications listed in Section J of ETA Form 9089 do not meet these requirements. Therefore the application is denied."

The wording is terse and gives no meaningful clues .. My lawyer is encouraging me to go appeal and the company says they will bear any associated costs..
(a) Has anyone gone thru this kind of an experience?
(b) How long and successful was the denial appeal process?

thanks much.
Click to expand...

What is your BS? Is it 4-year BS with the same degree name as in the LC?
If the LC states BS, your master is no use. They only check the BS.

For example, you have BS in Electrical, MS in Computer Science.
Your PERM state : BS in Computer Science
-> you case will be denied.
Your PERM state : BS in Computer Science or Electrical Engineer or Equivalent
-> your case will be accepted.
 
newbies, thanks for responding. I have a B.E hons (bachelors in engineering) in electrical engineering and masters in computer science. Does DOL consider BE and BS equivalent?
 
I will ask my lawyer about more details. But assuming they made a mistake and mentioned that a B.S. in computer science was required.. During the appeal of the denial can they clearly state that the candidate has a masters in comp science and would that have any positive effect whatsoever?. thanks.
 
peace4u said:
I will ask my lawyer about more details. But assuming they made a mistake and mentioned that a B.S. in computer science was required.. During the appeal of the denial can they clearly state that the candidate has a masters in comp science and would that have any positive effect whatsoever?. thanks.
Click to expand...

MS in CS does not replace for BS in CS. You must have BS in CS if your PERM states that. Of course if your PERM states about MS in CS, you could use your MS in CS.
 
experience

I found out the following:
The minimum requirement is BS in E/CS and 5 years. Alternative is MS+
0. foreign equiv. acceptable.

I had more than 5 years of exp + MS before I joined my current job, but since I had exp. letters only for 4.5 the attorney marked "NO" for :
> 18. Does the alien have the experience as required
> for the requested job opportunity by question H.6?
>

I think thats why I received an automatic denial. My attorney wants to appeal saying that I comfortably meet and exceed the alternate (min.) requirements.. Do you guys think this will be a strong argument?
 
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