Having problem filing ETA Form 9089

[h1bvisaravi]

Hi guys,

 

I work for a non-profit organization(community college). Currently,  I have H1B Visa with them. Working as a Database Administrator. The employer is willing to sponsor for the employment based greencard.

 

So, At the moment the employer is applying the ETA Form 9089(Application for Permanent Employment Certification).  In Block B of this form we have checked that it is a Schedule A Occupation (Database Administrator).  Once it has been determined that this is a Schedule A Occupation the ETA Form 9089 must be sent directly to the USCIS and not the Department of Labor (DOL instructions).  USCIS has not accepted this application and has sent it back three times.  How do we submit this application?

 

We are currently stuck here.

 

Your response would be highly appreciated. 

Thanks

[h1bvisaravi]

BTW, No attorney is involved here. The college doesn't have an immigration attorney. So to minimize cost, the HR is dealing with application process at the moment.

[rahul412]

 So to minimize cost, the HR is dealing with application process at the moment.

And also playing with your future...!!!!

[JoeF]

You can NOT be involved in that. Any involvement by the beneficiary can result in an audit.

The employer has to do this on their own. If they can't afford a lawyer, how can they pay your salary?

[h1bvisaravi]

Hey Joe, Again I need documentation/links on "Any involvement by the beneficiary can result in an audit" . I need to show it my HR. Thanks a lot

[JoeF]

Hey Joe, Again I need documentation/links on "Any involvement by the beneficiary can result in an audit" . I need to show it my HR. Thanks a lot

There are a bunch of posts about that all over the Internet.

The employee can not be involved in PERM.

Any immigration lawyer will tell you that. These guys are foolish if they don't engage an immigration lawyer. Penny wise and pound foolish.

Find another employer.

[blancx]

 

So, At the moment the employer is applying the ETA Form 9089(Application for Permanent Employment Certification).  In Block B of this form we have checked that it is a Schedule A Occupation (Database Administrator).  Once it has been determined that this is a Schedule A Occupation the ETA Form 9089 must be sent directly to the USCIS and not the Department of Labor (DOL instructions).  USCIS has not accepted this application and has sent it back three times.  How do we submit this application?

 

 

 

Dear friend,

 

Since the application has been sent back 3 times already, Database Administrator may not be a Schedule A occupation.

 

Please consult a lawyer.  Please don't be so naive.  For $150 any lawyer will explain to your employer how important it is to go thru a lawyer for this process.  

 

This is an extremely timeline sensitive and embedded in extremely minor details.  In instances your application may be rejected for  reasons as minor as missing a comma or a period.  

 

Trust me, you dont want your employer to get frustrated with the process - cause it is an extremely frustrating process if not handled by an experienced lawyer.