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Guestbook Entry for Sami, United States
Guestbook Entry for Rajesh Patidar, United States
EB2 approval after EB3 on the same labor certification
We had a Labor certification case filed for an IT professional. The requirements were Bachelor's degree and 5 years of experience. We filed I-140 under EB-2 category. After approximately 8 months, USCIS sent us an RFE saying Bachelor's plus five years would not qualify under EB2 unless the experience required is progressive in nature. We knew that USCIS was wrong under the circumstances of the case, but an argument with the government was unnecessary because the EB-3 priority dates were then current.
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DOL Posted PERM FAQ on on Job Requirements Considered Not Normal to the Occupation
The Department of Labor has posted a revised Frequently Asked Question (FAQ) regarding the Permanent (PERM) Program and listing job requirements not normal to the occupation on both the ETA Form 9141 Prevailing Wage Request and ETA Form 9089. This FAQ, which replaces the previous notice that had references to the State Workforce Agency (SWA), is available here and on the FAQs page of the OFLC Web site under the heading PERM Program and subheading Job Requirements/Duties.
OFLC Update to the Public on Issuance of Prevailing Wage Determinations
The Office of Foreign Labor Certification is providing this update to the public on issuing prevailing wage determinations.
PERM: Became current the week of October 23, 2011
H-1B: Became current the week of November 6, 2011
H-2B: Anticipated becoming current the week of November 27, 2011
DOL Announcement on the Use of Revised SOC Codes in the PERM Online System
The Department of Labor is working to incorporate new and/or revised Standard Occupational Classification (SOC) codes into the Permanent (PERM) Program online application system. Until the new codes are fully integrated, filers may experience situations where the new and/or revised, SOC codes are not available in the PERM online application system. Until such time as the new codes are incorporated, the Atlanta National Processing Center (ANPC) will accept the older SOC codes even though they may not match the code indicated on the Prevailing Wage Determination.