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PERM - Question H.8

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  • PERM - Question H.8

    I have question regarding the drafting of alternative education/experience requirements in the ETA 9089.

    The employer's requirement for the job is a Bachelor's degree + 2 years experience in the job offered. In lieu of a Bachelor's degree, the employer will accept education/experience equivalent to a Bachelor's degree (12 years experience is acceptable). In addition, the employer still requires 2 years experience in job offered.

    How do you complete Section H Ques 8 of the ETA 9089?

    We received a denial of an 9089 because we answered as follows:

    8A: Marked "Other"
    8B: Education & Experience equiv. to Bachelor's See H.14( Kellogg Language)
    8C: 12 years

    We received a denial stating that the alternative requirements were not "substantially equivalent to the primary requirements in H.4B and H6. Specifically, that education & experience equivalent to a bachelor's degree + 12 years experience is not substantially equivalent to the primary requirement of a bachelor's degree in H.4B"

    How should Question 8A - 8C be completed? Should 8C be left blank when the employer will accept 12 years experience in lieu of a Bachelor's degree?

    I would very much appreciate your insight. Should I file a Motion for Reconsideration or just re-file (we will need to re-advertise)?

  • #2
    I have question regarding the drafting of alternative education/experience requirements in the ETA 9089.

    The employer's requirement for the job is a Bachelor's degree + 2 years experience in the job offered. In lieu of a Bachelor's degree, the employer will accept education/experience equivalent to a Bachelor's degree (12 years experience is acceptable). In addition, the employer still requires 2 years experience in job offered.

    How do you complete Section H Ques 8 of the ETA 9089?

    We received a denial of an 9089 because we answered as follows:

    8A: Marked "Other"
    8B: Education & Experience equiv. to Bachelor's See H.14( Kellogg Language)
    8C: 12 years

    We received a denial stating that the alternative requirements were not "substantially equivalent to the primary requirements in H.4B and H6. Specifically, that education & experience equivalent to a bachelor's degree + 12 years experience is not substantially equivalent to the primary requirement of a bachelor's degree in H.4B"

    How should Question 8A - 8C be completed? Should 8C be left blank when the employer will accept 12 years experience in lieu of a Bachelor's degree?

    I would very much appreciate your insight. Should I file a Motion for Reconsideration or just re-file (we will need to re-advertise)?

    Comment


    • #3
      Hi, did you and your employer apply PERM with professional guidance? I don't think so, or if so, you unfortunately 'misapplied' the Kellogg language equivalency (primary and alternative requirements) in such a way that 'your own' education, training, or experience, have been unlawfully 'tailored' to the job offer.

      The same 'tailoring' is being done everywhere, every time, but, hey, if it's to be done, you should do it in an 'audit and/or denial-proof' manner.

      The 'job vacancy requirement(s)' and 'your qualification to do the job' are two different matters in PERM. And the DOL's role is to determine whether you meet the job requirements, and no US worker is there to fill the vacancy.

      In your case, sorry to say, DOL has determined that your qualification falls short of the basic educational requirement of the job. Hence, there's the suspicion that some US worker(s) who applied for the vacancy may have been 'unlawfully' rejected.

      If you would refile after the denial, two problems are there:

      1) request to utilize the old filing date is highly discretionary (if refused, all of your ads may have already been expired); and

      2) no changes could be done in the new filing regarding the problem with your BS degree deficiency and equivalency, against your completed ads, so what other final result could be expected?

      (Just an opinion - take it or leave it).

      Comment

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