My I -140 filed as based on "Profession" category for 4 years bachelor degree in Computer Science/Engineer with 2 years job experience for title "Programmer Analyst" this job requirements, but unfortunately my I-140 file got denied. And I graduated from Computer Science back in 2008 and I have 6 years solid experience on this related field.
And USCIS reply us with this below quotation -
"Form ETA 9089, Application for Permanent Employment Certification, states in Part H that the minimum requirement for this position is a bachelor's degree. In the alternative, boxes 8 through 8-C does not list an alternative combination of education and experience identified. Box 14 of Part H states, 'We will accept 4 years of experience in the job offered related occupation as a computer software professional in lieu of Bachelor's degree, plus 2 years of experience.' Since these requirements are less than a bachelor's degree, the position doesn't qualify as a profession. Therefore, the labor certification you submitted cannot support the requested immigrant visa classification."
What does the attorney of record retained to represent this filing have to say?
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
Yes, if your employer will be able to convince both DOL and USCIS that the industry and employer-specific entry-level requirement for this "job opportunity" is at least "2 years on-the-job experience" = skilled worker (EB-3). Note that experience gained with the petitioning employer cannot be used.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 23 years of successful immigration law experience. 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.
This is a complicated question and you should really meet with your employer's immigration attorney and sort out this issue.
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