Filing labor certification before meeting minimum job requirement


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My six years of H1-B expire in Jan 2017. Employer did a job posting and did not find any candidate so wants to file my labor certification now. However the job qualification that was posted for PERM requires a license that I am still working towards. There is a possibility that I might not obtain the license until October 2016.



Can the employer still file my labor certification if I have not met the minimum requirements under the job posting under the assumption that I will meet job requirements before I140 petition? If not then what are my options?




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  • 3 weeks later...

So, if a job requires a license and the sponsored worker does not have the license at the time of filing the PERM, the person does not qualify for the job and DOL will probably deny the application for not seeing anything on the form saying the person has the license or if they audit the case asking to see the license they will deny it then because the worker has no license.


If somehow the case makes it through, I would recommend against signing that PERM and filing the I-140 because the 9089 is signed under penalty of perjury and USCIS would not approve an I-140 when the worker did not have the required license at the time the PERM was filed.

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