Will the employer have to prove later that MS+1 year = BS +5 (since DOL sees MS+3=BS+5 years) if the alternate requirement with a bachelors was not included to begin with?
It depends on the position. Generally speaking, if it's a Zone 5 job, MS +1 yr exp should be ok. If it's not a Zone 5 job, then this would probably exceed the acceptable SVP range and would likely trigger an audit. In that case the company would need to show business necessity. If there is no alternative requirement, then you don't have to worry about whether or not it is equivalent to BS+5 yrs. You just need to worry about whether or not MS + 1 yrs is acceptable for the proffered position. This is the most important part which will affect the rest of the process. So I'd strongly recommend that the company consult a lawyer.
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