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Does the title matter during the first stage of green card application(Perm Labor Certification)?

Santa Monica, CA |

My current title is Software Developer, but the company use "Senior Software Developer" during the recruitment process and all the material preparation process. Will this be a problem? But I will be promoted to a Senior level position soon and A salary increase too. There is no big change for my job duty.
1) Can I use "Senior" level position for recruitment process while I am still not at Senior level yet?
2) Can My salary have big increase during the PERM process?

thanks

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Attorney answers 3

Posted

For the PERM process it is the EMPLOYER who has to conduct the recruitment (and define the job title & job duties); NOT the foreign national beneficiary. The answer to both your questions is a "yes", but employer better use the services of a qualified immigration attorney to guide it through the extremely complex PERM process.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Asker

Posted

Ok, maybe I did not say it very clear. It's my current employer used the senior level title during the recruitment process of my perm application while I am still at a non-senior position. I am not doing perm by myself. My 60 days ad for the PERM is almost done, but suddenly the HR in the company think they should not use a senior title and said they need to start the process all over again . I want to know if it is necessary. I found some info online said the green card is for future employment, I am sure I will become a senior position soon.

Asker

Posted

Besides, I want to know if my salary increased say 20-30 percent. Do I need to restart my PERM again ?

Posted

Title is always relevant, although the actual job duties control. Please consult with an immigration attorney for further information.

Posted

Yes the title makes a difference. No you cannot use a title for a position you do not occupy. Your salary can have an increase. You should be working with an experienced business immigration attorney.

The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.

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