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Immigration Issues/I-140 (Advanced Degree Requirement) EB2 filing

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Question

Hello Mr.Arora,

Thank you for reading my message.

My PERM was certified with a MS + 0 years of experience as
the job requirement. My employer answered the question, "Are
these qualifications normal for this position?" as NO in
PERM as the O'NET requirements was Bachelor's Degree with
some experience. My employer was ready with the Business
Necessity letter in case of an audit, where they would
mention that all other employees in my division have Masters
or higher as their qualifications. My PERM was certified
without an audit.

When my employer files for my I-140, do they need to justify
the Masters requirement and provide supporting documentation
with the initial application? That way, they can avoid a RFE
asking for justification for the advanced degree.

I guess my thinking here is that just because DOL did not
issue an audit does not mean that USCIS will not issue a
RFE!

I would be grateful for your opinion.

Thank you!!
Sridhar

Answer
Hi,

You are fortunate that there was no RFE at PERM stage.

Now that PERM has been certified, I-140 filing with USCIS will not require business necessity letter (based on our extensive experience).

The focus will be on whether you had the requisite minimum qualifications noted on PERM (MS + 0 years exp.) and whether the company is capable of paying the salary for full-time, permanent position.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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