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K**I
发帖数: 176 | 1 大家好，律师正在准备PERM表格，对于其中第H大项job opportunity information的第
12项are the job opportunity's requirements normal for the occupation?为什么
律师选的是no。表格上说if the answer is no, the employer must be prepared to
provide documentation demonstrating the job requirement are supported by
business necessity.
大家能帮忙看下自己的表格这项选什么的吗？选no会不会引起audit，万分感谢！ | d*****s
发帖数: 1407 | | k****6
发帖数: 87 | 3 My selection is "Yes" from lawyer. This might be the correct for you. You
can ask your lawyer for that. Good luck.
to
【在 K**I 的大作中提到】
: 大家好，律师正在准备PERM表格，对于其中第H大项job opportunity information的第
: 12项are the job opportunity's requirements normal for the occupation?为什么
: 律师选的是no。表格上说if the answer is no, the employer must be prepared to
: provide documentation demonstrating the job requirement are supported by
: business necessity.
: 大家能帮忙看下自己的表格这项选什么的吗？选no会不会引起audit，万分感谢！
| k****6
发帖数: 87 | 4 My selection is "Yes" from lawyer. This might be the correct for you. You
can ask your lawyer for that. Good luck.
to
【在 K**I 的大作中提到】
: 大家好，律师正在准备PERM表格，对于其中第H大项job opportunity information的第
: 12项are the job opportunity's requirements normal for the occupation?为什么
: 律师选的是no。表格上说if the answer is no, the employer must be prepared to
: provide documentation demonstrating the job requirement are supported by
: business necessity.
: 大家能帮忙看下自己的表格这项选什么的吗？选no会不会引起audit，万分感谢！
| K**I
发帖数: 176 | 5 谢谢，我下周问问lawyer，还有人能帮我看看这项你们选了什么吗
【在 k****6 的大作中提到】
: My selection is "Yes" from lawyer. This might be the correct for you. You
: can ask your lawyer for that. Good luck.
:
: to
| r*****y
发帖数: 264 | 6 选No会增加audit的几率。
“There have been disagreements on how to interpret the question of what is
“normal for the occupation” in H.12. Some have interpreted it broadly and
said that if the education, education, and special skills requirements are
normal for the EMPLOYER, the answer should be “yes.” Some have interpreted
to mean that if the requirements exceed the minimum requirement established
by the Department of Labor (“DOL”), the answer should be “no,”
regardless of what the employer actually requires in the proffered position.
Because the DOL recently has been issuing denials if the employer has
answered H.12 “no,” when the job requirements exceed the DOL minimum, we
go by the latter interpretation.
For positions like the XXX position, the DOL states that the position
requires XX to YY years of experience and that most employers require a four
-year bachelor’s degree. Because your employer is requiring XX’s degree
plus XX years of experience, and thus, clearly exceed the minimum
requirements established by the DOL, we are answering H.12 “no.”
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