View Full Version : PERM ETA 9089 labor cert form - H.12. Are job opportunity's requirement normal for th

10-12-2012, 04:20 AM

I would appreciate if you folks could please clarify on my following situation with PERM ETA 9089 application:

Here are the details:

Job OES code: 15-1133
Occupation title: Software developers, Systems software
Skill level: Level II
Minimum requirements specified: Masters degree in CS (or Engineering) + 1 year of experience in the job duties given. This is for EB2. Only Masters + 1 year is mentioned as a requirement (not Bachelors degree + 5 years).

Given the above information, what would be the appropriate answer for the following question (H.12. in form 9089):

H.12. Are job opportunity's requirement normal for the occupation?

Would a "Yes" be an appropriate answer? What are the risks of answering 'Yes'?
Are there any reasons that "No" would be a better answer or have an advantage? Would answering a 'No' trigger an audit for sure? How much of a delay/risk does an audit cause? Could we prevent an audit by including a "Business necessity" document along with ETA 9089 when filing it?

Has anyone answered No i.e. job requirements are NOT normal and got their labor cert approved without issues? Did it trigger an audit?

Also how would the labor determine that this labor cert is in the EB2 category? Is that automatically determined based on the minimum requirement for the job? or Is it by some other way?

Thanks a lot for your time and attention. Kindly provide your insights.