Immigration Issues/Question about PERM

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Question
Hello Mr.Arora,

Thank you for reading my message!!

Also, thank you for answering my previous query about, "I-140 and Prevailing Wage".

If you don't mind, I have three questions about my PERM:

Background:
My PERM was filed on Sep 10, 2009. Today, my employer showed me the status of the application on the DOL website as
"In Process".

Further, they have not received any mail as far as audits are concerned.

My questions:

a)My PERM application had qualifications of MS in Computer Science + 0 years of experience. No alternate major was acceptable. No equivalent combination of experience and education was acceptable. Plus, the qualifications were more than the O'NET requirements. Is all this causing extra scrutiny and will surely result in an audit?

b)Any other reasons for the delay?

c)If my employer contacts the local Congressman to get a status update, will the DOL oblige with at least a response?

Thanks a lot for reading my long message and for your advise!!!!

Regards,
Zent

Answer
Hi,

In general, it is best to keep the qualifying requirements to a minimum in order to make the position more open to U.S. workers, at least on theory. Since the PERM filed for you requires only a master's and zero years of experience, the position is still EB2 level but at the same time the Department of Labor is more likely to be satisfied that the position is not tailored to your qualifications only. In addition, the position is certainly more likely to be within O*Net requirements. (For example, if you had 3.1 years of post-master's I.T. experience, and the minimum requirement noted on PERM was master's and 3 years of experience, the PERM application may undergo additional scrutiny to determine if these were truly the minimum qualifications required for the job).

The PERM application should be certified soon (or an audit issued), probably within the next couple of months. A congressman probably cannot make a difference as PERM adjudication is within the broad range of normal processing times and online case status indicates that the Department of Labor is aware of the filing.

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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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