Need Help with 9089 for PERM EB2

[joshua2k]

Hi experts, I need some help with my Form 9089 for my perm filing.


My lawyer sent me this form to review it before he can file it.


First my background: I have a 4 years Bachelors from a US University(Electrical Engineering) and a Fulltime Masters degree from a US University in my related field (Computer Science)


I have been working for my employer for 3.5 years right out of college.


On the PERM application (Form 9089)
The lawyer filled the section H on the form that seems little confusing to me.


On further research I found that this section is one of the main reason behind Audits so please help me review the following information:


Section H Form 9089
4. Education: minimum level required : Bachelors
4-B. Major Field of study : Computer science, Computer Engineering or related
5. Is training required in the job oppertunity: No
6. Is experience in the job offered required for the job: No

6-A If Yes, number of months experience requires:
7. Is there an altenate field of study that is acceptable: No
8. Is there an alternate combination of education and experience that is acceptable? Yes
8-A. If yes, specify the altenate level of education required: Master's
8-C. If applicable, indicate the number of years experience acceptable in question 8:
9. Is a foriegn educational equivalent acceptable: Yes
10. Is experience in an alternate occupation acceptable: Yes
10-A If yes, number of months experience in alternate occupation required: 60
10-B Identify the job title of the acceptable alternate occupation: Application Developer or Project Engineer
12 Are the job oppertunity's requirements normal for the occupation: No
14 Specific Skills: "Five years as Application Developer or Project Engineer. Five years (maybe gained concurrently with the experience above) working with Oracle databases or certification in advanced databases. In lieu of a Bachelor's degree and five years experience as an application developer or project engineer, the employer will accept a Master's degree in Computer Science, Computer Engineering or a related field."


And also in section J


J18 Does the alien have the experience as required for the requested job opportunity in question H.6 : No
J19 Does the alien possess the alternate combination of education and experience as indicated in question
H.8?: YES


Please note that my employer had advertised and submitted job requirements as: in lieu of a Bachelor's degree and five years experience, the employer will accept a Master's degree in Computer Science.


Any help in the review or suggestion will be really appreciated.


Thanks

[DMX17]

I would leave this to the attorney. All I can tell is that minimum job requirement is BS plus 5 yrs, but as an alternative MS plus zero yrs will be accepted. I-140 should seek EB2 classification.

What's your specific concern?

[sangrampasricha]

Query regarding in J.11 of ETA 9089

Advertisement requirement : Bachelors + 5 years experience
Education not from US : Bachelors(3 years) & Masters(2 years) from other country. It becomes Bachelors based on US equivalency.

My query is What to filled in Question J.11 of ETA 9089 i.e. Master or Bachelor. Question is given below.

Education: highest level achieved as required by the requested job opportunity :

Please reply.

[mbanna2011]

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