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Robert Kumar
02-15-2011, 09:09 AM
If I were to file EB2 now,

1. Can I use ads done for somebody else, to save time.
2. Should the ad in the paper say "Masters needed, or Bachelors + 5 years".

Is this point 2 very important in the ad itself.

Thank you,
Bobby.

snathan
02-15-2011, 10:48 AM
First of all you are not supposed to involve in any of the PERM process. Its plain illegal. It seems you are taking the wrong route for your porting.

Robert Kumar
02-15-2011, 11:45 AM
First of all you are not supposed to involve in any of the PERM process. Its plain illegal. It seems you are taking the wrong route for your porting.

I know but when there is a chance, we must make sure. Who told u that always works.
They advertise in the company's message board and recently I have seen they did not mention anything about qualifications for one EB2 GC of my friend.
Hence I got a doubt.

Again,
Is it a must that education like MS or equivalent experience is needed for EB2. Please let me know.

krishmunn
02-15-2011, 11:58 AM
First of all you are not supposed to involve in any of the PERM process. Its plain illegal. It seems you are taking the wrong route for your porting.

Where is the law that inquiring about PERM process in a forum OR even with Attorney or Employer is not allowed ? Unless you can cite a law how can you call it illegal ?

sareesh
02-15-2011, 12:07 PM
To answer your question yes, you have to mention MS + 0 or BS + 5.

Thanks,
SG.

snathan
02-15-2011, 12:55 PM
Where is the law that inquiring about PERM process in a forum OR even with Attorney or Employer is not allowed ? Unless you can cite a law how can you call it illegal ?

I am quoting it from the attorney's web site as I am not able to find the guide line from the DHS/USCIS source. You can google for further information.


Jackson & Hertogs: PERM program summary (http://www.jackson-hertogs.com/ref/perm.shtml)

The PERM form includes an attestation that asks whether the employer has laid off any employees in the occupation, or in a related occupation, within the past six months. If the employer has laid off workers in the occupation within the past six months, the employer must attest whether it contacted and considered these workers for the job on the PERM application. For some employers, a layoff may mean that a PERM application cannot be filed until six months after the date of the layoff. If the employer files a PERM case indicating that US workers were laid off in the six months prior to filing, the employer is likely to receive an audit requesting additional clarification about the layoff.

DOL has long been concerned about the bona fides of a job opportunity if the sponsored foreign national is a key employee of the employer, is related to the employer, or is so closely involved with the employer that it is unlikely that the sponsored position would be truly "open" to U.S. workers. DOL has added specific disclosures to the PERM application for employers that are closely held corporations, partnerships, or have few employees. Further, if the alien beneficiary is one of 10 or fewer employees, the employer must disclose any family relationship between the employees and the beneficiary. DOL has issued audit requests on PERM cases that disclose a family relationship to confirm that a bona fide job opportunity exists.

In 2007, DOL amended its regulations to address fraud concerns with the labor certification process. Under the revised regulations, DOL has the authority to debar employers, attorneys and agents from filing labor certifications if DOL determines that certain violations have occurred, including sale or barter of an approved labor certification, willful provision of false or inaccurate information in a labor certification, fraud, or a pattern and practice of failure to comply with the terms of a labor certification application. The rule specifies that a debarment action may be brought up to six years after the labor certification at issue was filed, and a party may be debarred from filing labor certifications for up to three years from the date of debarment. An employer who has a pattern of failing to respond to audit letters may be found to be a willful violator, and potentially may be debarred from the PERM program for up to three years.

Finally, the sponsored foreign national cannot be involved in the recruitment process in any manner. S/he cannot participate in reviewing resumes or interviewing candidates.

snathan
02-15-2011, 01:18 PM
I know but when there is a chance, we must make sure. Who told u that always works.
They advertise in the company's message board and recently I have seen they did not mention anything about qualifications for one EB2 GC of my friend.
Hence I got a doubt.

Again,
Is it a must that education like MS or equivalent experience is needed for EB2. Please let me know.

Yes you need Masters or Bachlor + 5 years progressive experience.

krishmunn
02-15-2011, 01:53 PM
I am quoting it from the attorney's web site as I am not able to find the guide line from the DHS/USCIS source. You can google for further information.


Finally, the sponsored foreign national cannot be involved in the recruitment process in any manner. S/he cannot participate in reviewing resumes or interviewing candidates.



And when OP INQUIRED you stretched it to INVOLVED ? I mean , I know both starts with IN :) but INQUIRE and INVOLVE has entirely different meaning.

OP Inquired about the process does not mean that he is Involved in the process.

snathan
02-15-2011, 01:56 PM
And when OP INQUIRED you stretched it to INVOLVED ? I mean , I know both starts with IN :) but INQUIRE and INVOLVE has entirely different meaning.

OP Inquired about the process does not mean that he is Involved in the process.

You didnt read his other posts where he was asking about the job ads....