Perm denied because employer did not mention MS+ 10 years of experience

[g_parekh]

Hi ,

I had applied for perm in May 2012 and it is denied today. DOL says, specifically, the sunday newspaper ad  did not disclose the employer's full primary reqs (MS and 12 months experience) as described in section H of ETA 9089. Rather the ad says that the reqs are "MS deg or for deg equivalent in Stats, Maths, Economics and Exp with SAS enterprise guide, SAS enterprise miner, etc. (in lieu of MS deg, employer accepts Bach deg and 5 years exp.) "

DOL says that US workers viewing the ad could assume that only a MS deg is needed to qualify for the position, when in fact, a US worker would need 12 months of exp in conjunction with MS deg. Therefore, US workers therefore viewed different job reqs than those listed on ETA for 9089.

This is a very silly. My employer cast a broader net and DOL is saying they shud have casted a narrower net.

Does this make sense?

What are my options? Appeal and challenge their decision, before it moves to BALCA ? refile?

If DOL stays firm with its decision and moves to BALCA ( i know the waiting period is 1-3 years and I cannot refile simultaneously), how easy is it take back the appeal or throw it out o the window, before it reaches to BALCA.?

Please help!!!

[Attorney_22]

Generally, it is fairly easy to withdraw a request of appeal. However, the issue in question is not often overcome through a motion or appeal. To discuss this in more detail and the options available to you it is advisable to speak directly with a qualified U.S. immigration attorney.