Employer paid for part of education

[amit_k]

I started working towards my degree before I joined the employer.

 

Employer has policy of reimbursement for all employees. So I was reimbursed for part of my education that I finished with the employer.

 

The employer is filing PERM for one level higher than my current position. But the partly reimbursed education was a requirement in the job posting.

 

Question: Should I expect a straight denial, RFE or no issues in my labor certification?

[JoeF]

That higher degree can not be used for the GC.

[amit_k]

That higher degree can not be used for the GC.

Thanks, can you provide more specific details ? I have read mixed responses on this, that if it is company policy to reimburse then the company reimbursed education can be used.

[JoeF]

The issue is that an outside candidate did not have that benefit of getting his education paid for by the company.

That means an outside candidate would be at a disadvantage, and that is simply not allowed for the LC.

[amit_k]

The issue is that an outside candidate did not have that benefit of getting his education paid for by the company.

That means an outside candidate would be at a disadvantage, and that is simply not allowed for the LC.

Thanks, I thought about it and I think your reasoning is incorrect. Since the alien worker competed fairly against American citizens to get into an employment position where education reimbursement is a default benefit, he did not have any unfair advantage. The employer reimburses for education to all employees including American citizens who were competent to have been hired by the employer. So I think this will attract an audit but not a rejection.

[JoeF]

If you think it is incorrect or not is irrelevant.

It is current USCIS policy.