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View Full Version : New EB-3 PERM - Question about Prof/Skilled worker classification


dgs
04-12-2010, 04:58 PM
We are ready to file PERM for EB-3 skilled worker not requiring any bachelor's degree.

Just wanted to run this application by the experts for feedback. Thanks in advance.

H.4 (Education minimum level required) = None

H.4A and H.4B are empty

H.5 (Is training required) = No

H.6 (Is experience required) = Yes, 48 months

H.7 (Is there an alternate field of study acceptable) = No

H.8 (Alternate combination of education and experience) = No

H.9 (Is foreign education equivalent acceptable) = No

H.10 (Is experience in an alternate occupation acceptable) = Yes, 48 months

H.10.B Calls out the IT experience required

H.11 Details out the job duties

H.12 (Are job req. normal for the occupation) = Yes

H.13 (Knowledge of foreign language req.) = No

H.14 (Specific Skill or other requirements) = Details out the specific skills. Does say “Any suitable combination of education, training or experience is acceptable”

H.15 (Does job involve combination of occupations) = No

H.17 (Live on employer’s premises) = No

H.18 (Is this app for a live-in household domestic service worker) = No

I.1 (Is this app for a professional occupation……Normally requires bachelor’s degree……) = Yes


Questions:
1. H.13 seems to contradict H.7 and H.8. For sure we want to leave H.7 and H.8 as negative/blank. Should we drop the “Any suitable combination of education, training or experience is acceptable” or it doesn’t hurt to leave it in there.
2. Section I.1 is documented as “Yes”. Shouldn’t that be a “No” for skilled worker?

Any pointers to ensure a proper and correct EB-3 Skilled worker application are welcome.

Thanks.

dgs
04-14-2010, 01:55 PM
Almost 300 views and no one?

Clarification: The position is an IT Software Architect position. It's classified as "Professional" under list of occupations by DOL.

But we are not requiring any education. Just experience.

Does the classification later on I-140 have to be "Professional" (requiring only experience) or can it be "Skilled Worker" for this position?

Any guidance is appreciated (And before anyone points it out, of course we will will be running this by our lawyer)

Thanks.

va_dude
04-14-2010, 02:00 PM
Dude...
this is the full-time job of attorneys and paralegals.

People use the forum to get quick answers not to get members to review your application packet.

dgs
04-14-2010, 02:25 PM
Dude...
this is the full-time job of attorneys and paralegals.

People use the forum to get quick answers not to get members to review your application packet.

In case you missed, my actual questions are both - quick and specific and are called out below what you term as "application packet".

Just needed some guidance around professional/skilled worker classification.

Further what you termed as "application packet" is more of an information provided in the original post if that helps answer the questions better.

The actual "application packet" is much longer than the section H in the original post and you will have to grant me that I did spare the forum members the immense agony of having to read through it! :p

(P.S. I really need this folks. Please do not receive this post in the light that dear va_dude received it. That is not the intent. Thanks again.)