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PERM Labor Certification Process

Melville, NY |

My employer A will be doing my PERM for a position needing experience in A's IT Security Products or similar and the job duties will also be working on A's IT Security products. I don't have experience in A's products but have experience in similar products of B.

As per DOL's labor approval conditions, do I qualify for this job? Should we change the job description and say experience needed in A's or B's IT Security products. Any other issues that we should take care of in this scenario, please explain

Attorney Answers 2

  1. The slightest misstep in the preparation of a PERM application will result in denial of either PERM or subsequently filed I-140 petition.

    You should be qualified for the offered job prior to employment by the sponsoring employer. An immigration attorney will craft a job description that is valid and true, but at the same time the sponsored employee meets the minimum qualifications for the offered job. However, there must be a balance--the offered job should not be tailored to the employee's resume, as it is prejudicial to U.S. workers. Please consult with an experienced immigration for case-specific advice.

  2. Have you discussed this with the lawyer doing the PERM papers?

    Do so ... immediately.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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