Urgent - PERM denied without audit

[amit_k]

Hi,

 

My PERM was denied without audit.

 

The reason given is that "Specifically, the employer failed to provide adequate work experience on the ETA Form 9089 for this job opportunity"

 

The job requirement stated Master's degree, 2 years of work experience and a Certification.

 

I have a Master's degree and the Certification. But we did not send any proof of the certification. I have 2 years of "on the job" work experience but it is substantially different than the future job.

 

So it is not clear whether it was rejected because

a. the work experience was "on the job" or

b. the proof of certification was not submitted or

c. is it just an error by the CO.

 

What is the recommended course of action in this case? Should we submit for reconsideration along with proof of certification? Or should we reapply with a new job posting? If we reapply with a fresh job posting then can the job posting be different than the previous one?

 

 

[GNH]

How would your 2 years on the job experience be relevant to the future position ? And the future job must be greater than 50 percent different from your current job. So logically you don't meet the 2 year experience needed for the future job if all you have is 2 years experience in a job which is atleast 50 percent different from the future job.

What does your attorney have to say about it ?