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Minimum Education Requirement For Perm

Discussion in 'Immigrant labor certifications (PERM)' started by LeeJ, Nov 15, 2015.

  1. LeeJ

    LeeJ New Member

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    Hello, Mr.Ron

    I have couple of questions regarding minimum education requirements. According to DOL, "training and experience must be obtained before the hire unless the future job is different than current one ( more than 50% )".

    The situation is like a person who was originally hired under OPT ( given by the school where all program requirements ( for BS/MS ) completed beside project or thesis. Than the company filed H1B visa for Master Quote after the employee obtained the degree ( got diplomas for both BS / MS ).

    Couple of details :
    1. All minimum experiences were gained before OPT hire.
    2. Passed all automatic audit testing where employee paid his own education can be argued new position is upgrade
    3. There was no specific definition of "training" although DOL sometimes use individual term in different situation. ( ex they sometimes write out training, experience and education ).

    So question comes
    1. Can employer file PERM under minimum education requirement = Master with different job description than current ( higher level such as developer I - II - III ) ? By virtue, education obtained while employed by current company can be used to satisfy minimum requirement ?

    2. When does the clock start ? ( education experience and training ) is it when the employee was originally hired by H1B visa or OPT ? ( First I believe it was OPT but since LCA was filed with H1B it might be case where clock could start H1B )

    3. If I worked for the company A whose client is current employee ( where the person psychically worked at current company location and was supervised ) who is filing PERM. Can the person use experience gained while employed by company A ? ( My understanding would be yes because Company issued W2 to the person and according to DOL, as long as those two have different FEIN number, experience can count. )

    Any insight would be appreciate

    Last edited: Nov 15, 2015
  2. DonDraper

    DonDraper Guru

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    Tampering with Job advertisement requirements will result in PERM revoke.
    s_gan likes this.

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