PERM error

[GC_2012]

My PERM application that has been pending for 18 months now got denied .

 Reason of denial was some issue with the prevailing wage that has been used in the PERM application.

 

My PERM job posting had BS+5 years as primary requirement and MS+3 years as alternate requirement.

 

When the Prevailing wage certification was filed , they used MS+3 years in order to determine the prevailing wage for my job and used that Prevailing wage in my PERM application.

 

I believe that this was the  reason for denial (not using the primary job description/requirements in the Prevailing wage determination) .

 

I work for a big American multinational company and the attorney who is handling my case is a nationally recognized, well known immigration lawyer.

 

They told me that they're going to file a motion to reconsider the PERM , arguing that the alternate requirement had the higher prevailing wage than the primary requirement  and that is the reason for them using that wage information in the PERM application .

 

Their argument is that as they have used the higher wage it is not going to have any adverse effects on anybody . They also told me that they have filed other PERM applications this way and got certified.

 

Does anybody see any issues with this argument , or what are the chances of this MTR getting through???

[jairichi]

"The attorney who is handling my case is a nationally recognized, well known immigration lawyer". 

"They also told me that they have filed other PERM applications this way and got certified".

What is the worry in this case? Relax. Your attorney is doing his job and let a decision come from USCIS.

[GC_2012]

"The attorney who is handling my case is a nationally recognized, well known immigration lawyer". 

"They also told me that they have filed other PERM applications this way and got certified".

What is the worry in this case? Relax. Your attorney is doing his job and let a decision come from USCIS.

Thanks for the reply..

I was just wondering if any body else around here was/is in like a similar situation...