1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Perm Filing Requirements (corner Case)

Discussion in 'Immigrant labor certifications (PERM)' started by yubeie, Apr 13, 2016.

  1. yubeie

    yubeie Member

    Messages:
    95
    Likes Received:
    33
    Trophy Points:
    18
    Company A has Position A.
    The company filed PERM meeting EB3 requirements for employee from Country X.
    Now if employee Y joins Company A, can PERM be filed for the SAME position for employee Y meeting EB2 requirements?


    Thanks!
     
  2. DonDraper

    DonDraper Guru

    Messages:
    1,748
    Likes Received:
    1,307
    Trophy Points:
    113
    No you cannot reuse the perm
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    I think the question is can the company file PERM applications with different requirements for the same job. The answer is no.
     
  4. New Guy

    New Guy Senior Member

    Messages:
    217
    Likes Received:
    134
    Trophy Points:
    43
     
  5. yubeie

    yubeie Member

    Messages:
    95
    Likes Received:
    33
    Trophy Points:
    18
    Ron, Thanks for the clarification. Yes that was my doubt.
    The reason I ask, I was offered Position X at a company and the HR was just vaguely confirming that they would be able to file for GC in EB2.
    I was able to locate the PERM for Position X (filed for a different candidate) online from the same company and location. I was able to confirm that it was for EB3 (no advanced degree was required). So I wasn't sure how they can file a PERM under EB2 for me.

    Thanks,
     
  6. yubeie

    yubeie Member

    Messages:
    95
    Likes Received:
    33
    Trophy Points:
    18
    To add to my previous note to confirm the PERM for EB3 only required a work experience of 5yrs with NO degree required. So it's not even bachelors +5 yrs.
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    I'd be concerned about trying to push through an advanced degree requirement for the same job.
     
  8. yubeie

    yubeie Member

    Messages:
    95
    Likes Received:
    33
    Trophy Points:
    18
    Thanks for the confirmation.
     

Share This Page