Urgent question on PERM application: ETA 9089


shankhajit

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Hi,

thank you for taking a look into my post. I'd greatly appreciate if you could advise me on the following issue.

1)Currently my labor application ( EB2)/ ETA 9089 is being prepared for filing.

# The attorney is going to file for the job title- "Software Engineer".

# Prevailing wage is $77,522(acquired from Computer Software Engineers, Applications/skill level - II) and offered wage is $78,000.

# I'm in the 6th year of my H1B ( 3 years with a different employer and then with the current employer).

# I also have a US masters in Computer Science.

#The Job title advertised by my company( consulting) attorney required-> US Masters and 1 year experience.

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*** The issue -> on the ETA 9089: there is a question: ***

" Number 12: Are the job opportunity's requirements normal for this occupation"?

[ Yes/ No. If the answer to this question is No, the employer must be prepared to provide documentation demonstrating that the job requirements are supported by business necessity.]

*** The company attorney has selected the answer " No". A couple of my friends said this could be problematic or might cause an audit. Their approved labor applications had the answer - " Yes" for this question.

Could you please let me know if selecting " No" for the above mentioned question might be a problem? or is it nothing unusual? ***

Thanking you in anticipation.

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  • 10 months later...

if you start looking the form you will go crazy, go with Attorney, they know what they are doing. i has similar experience, when attorney sent me a couple of pages that has my personal info for my review to make sure before my PERM was filed, there were couple of questions on the bottom of one those pages talk about requirement/job which I thought were answered incorrectly, and contacted attorney and they said they are answered correctly, but did not give more details. and my PERM is approved... go with them and trust them.

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