PERM Denied Without Audit

[ask2murthy]

My Perm has recently been denied without audit for the reason: I do not have the required skill set which is mentioned in the job duties for the Green card application.

 

In 9089, my lawyer has mentioned only the Job duties and not the skills sets I possess. Hence there was no information of my skill set in my application.

 

My lawyer is planning to open a Motion to appeal and request the CO to re-consider my case by attaching my experience letters that details my skill set that are required for the green card position.

 

My Lawyer is confident that it will go through since I have experience in the skills that are required.

 

Can you please let me know your thoughts on what my chances are for my perm to be approved on appeal?

 

 

 

 

 

 

 

 

 

 

 

[jairichi]

If documents are good to convince USCIS you will get approval.

[ask2murthy]

Thanks Jairichi,

 

One more question - The below article is posted on July 28, 2014 by Dept of labor.

Certifying officer are saying ETA 9089 must have these skill set mentioned which is not present in my 9089. Thats the reason for denial.

 

Url: http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm

 

Topic: ALIEN EXPERIENCE

Point 8

 

Can we still re-open and provide the evidence of employment letter that i have still even if it not present at the time of initial filing  ?

 

please let me know your thoughts

[Attorney_15]

The argument can still be made that the form does not have a specific place to include that information about your credentials. If the case does not get approved by the Certifying Officer it might be more efficient to file a new case. However, given the many different factors including timing that should play a role in that decision, you want to make sure you consult directly with an attorney who knows your details and facts before making a decision what to do.

[thesouravp]

Same thing happened to me , got perm denial without audit on 10 Dec 2015. In denial they mentioned just that the foreign workers qualification as listed on the application does not meet the requirements as described in section H of the ETA From 9089 (application), specifically , per section H.14 , the employer requires skill or knowledge in "Proficiency in Oracle PL/SQL , Informatica , OOD , UML,Unix Shell Scripting and Perl. When my employer's lawyer filed for it , she mentioned all the works I did in my past experience but didn't mention the technologies as such. Now my lawyer is saying to re appeal with all my technical experience certificates which I got from my last companies. Will that help since those experience letter clearly mentions that I did the work on the mentioned skills. Appreciate your inputs. 

[thesouravp]

If documents are good to convince USCIS you will get approval.

Hi, thanks for the post , my experience certificates where they have clearly mentioned the skills , should that help when my lawyer is sending for reconsideration? Appreciate your response. 

[thesouravp]

Thanks Jairichi,

 

One more question - The below article is posted on July 28, 2014 by Dept of labor.

Certifying officer are saying ETA 9089 must have these skill set mentioned which is not present in my 9089. Thats the reason for denial.

 

Url: http://www.foreignlaborcert.doleta.gov/faqsanswers.cfm

 

Topic: ALIEN EXPERIENCE

Point 8

 

Can we still re-open and provide the evidence of employment letter that i have still even if it not present at the time of initial filing  ?

 

please let me know your thoughts

Same questions from me? While applying for the reconsideration can we show those documents. Please let me know.

[thesouravp]

Any response on this please. Greatly appreciate. Thanks.

[Isayas]

Did you get approval?