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Requirements for EB2 in the Labor Certification

San Francisco, CA |
Filed under: Immigration US visas

My employer filled a minimum requirement for my position as being Master + 1 year or alternative Bachelor + 5 years. I have bachelor plus 5 years of progressive experience and my employer agreed to go to EB2. I have been told that this Labor Certification (PERM) will be very likely audited and denied as this is not a combination that the DOL understands as acceptable. I have been told that a correct combination would be master + 3 and bachelor + 5. My employer won't change anything in the PERM and I cannot request it to do so obviously. I think the position is stated as a computer systems analyst level II. My salary is above what the DOL requires. Can anyone shed a honest light on here? Is there hope for me or this combination will most likely send me to audition and PERL denial?

Attorney Answers 4


The problem that you have here is that the alternative requirements are lower than the actual requirements. Thus, the employer is not recruiting for its actual minimum requirements for the position. Most likely the position should have been listed as Bachelor's plus five with the Master's and no experience as an alternative. However, it also depends upon the SVP and Job Zone for the petition. Good chance it may get audited, but you never know.

While written by an attorney who is a Florida Bar Certified Specialist in Immigration and Nationality Law, the statements herein should not be construed as legal advice. No attorney/client relationship has been created without a formal consultation with the attorney and the attorney has agreed to accept your case.

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Attorney Devore has provided you with an excelelnt comment to your posting. It is now necessary you contact your employer's attorney who is assisting with the PERM and get a explanation of their choice of action so you are prepared for a possoble audit.

Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.

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It is the employer, not you, whose responsibility it is to comply with all requirements for visa certification. I suggest you present your questions to the employers immigratio attorney.

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The employer's lawyer is suitably positioned to deal with compliance issues for the employer, discuss your concerns with the lawyer.


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