I Include On-the-Job Experience in PERM Labor Certification Application
May employer will file PERM labor certification application for me soon. I have received extensive experience in the employer's systems and applications. Can we include my current extensive experience in the minimum educational and experience requirements for the offered position in PERM application?
The PERM labor certification application must state the sponsoring employer’s minimum educational and experience requirements for the offered position. It may be a poblem if the alien beneficiary gained all or a part of the required experience for the position (On-the-Job experience) while employed by the green card sponsoring employer.
For the PERM labor certification, the U.S. employer must include the education and experience necessary to perform the offered job. This must be limited to the minimum that the employer would have required from any person applying for the job. The U.S. Department of Labor (DOL) is skeptical of the accuracy of the stated minimum requirements, if these exceed the qualifications possessed by the sponsored alien employee when he or she was initially hired by the employer.
For example, if an alien employee is hired with a bachelor’s degree and three years of relevant experience. Two years later, the alien has a bachelor’s degree and five years of experience. The employer may like the alien employee, and think that he does a better job now that he has the extra two years of experience. The employer, if seeking to fill his position, might prefer to have someone with five, rather than three, years of prior work experience.
But U.S. Department of Labor is only interested in the minimum requirements for a person to do the job, not the requirements for the ideal candidate. Thus, the DOL will be skeptical if the employer files a PERM labor certification application for the position, which states that the requirements for this particular job are a bachelor’s degree plus five years of experience. Therefore, using on-the-job experience in a PERM labor certification application may increase the risk of a DOL audit and decreases one’s chances of approval. The restrictions on the use of experience with the sponsoring employer influences some people to change employers, when they otherwise would not do so.
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