p**e
发帖数: 27 | 1 昨天刚刚收到了Audit通知。核心问题O*NET上面的“Auditor”职位说仅需要本科和两
年工作经验，我的招聘广告说的四年+Master。可是我的职位是 Internal Audit
Manager，一个Manager职位要四年+Master不合理么？我找了一下其他公司公开的招聘
广告，类似职位都要8年以上经验，不过学历到时本科的居多。律师建议找个CIA协会的
人写封信，不知道这个是否是合理的supporting。板上那位有类似的经验么？恳请您不
吝赐教。谢谢大家！
下面是律师邮件：
Yesterday we received a random audit selection notification for your
currently pending PERM case with DOL. This is a standard audit request (
requesting proof of recruitment and recruitment result) that is not targeted
for any one particular issue so you should not be worried.
However, in preparing the response for your audit, it specifically asks for
business necessity for EMPLOYER requesting “Master’s or foreign equivalent
degree in Business Administration, Accounting, Finance, or a related field
and Four (4) years of business auditing experience.”
The O*Net this audit references states that the normal preparation for an “
auditor” position is MS degree or BS + 2 years of exp which obviously
cannot be universally true for all “auditor” positions. Therefore, please
work with your manager and provide us with business related reasons as to
why EMPLOYER requires someone with at least MS + 4 years of business
auditing experience for your Internal Audit Manager role with EMPLOYER. In
order to comply with the request, we will need job specific related
information from you and your manager in stating why someone with less than
4 years of related exp would not be qualified for your position (i.e being
familiar with industry standards and regulations when performing and
managing internal audits, etc).
Additionally, if you are able to obtain a letter from an industry expert (
perhaps from someone from CIA?) that can substantiate being an Internal
Audit Manager for large corporation entails at least having 4 years or more
years of related auditing experience, etc that usually helps in persuading
DOL as well.
下面是Audit的原文：
Audit Request #3
The job experience required by the employer in Section H. 6 and/or H. 10 of
the ETA Form 9089, forty eight (48) months, is beyond that normally required
for the job opportunity as defined by O*NET. Please provide an explanation
and documentation supporting the business necessity for this requirement.
In accordance with 20 Code of Federal Regulations 656.17(h)(1), “In order
to establish business necessity, an employer must demonstrate the following:
i) Job duties and requirements bears a reasonable relationship to the
occupation in the context of the employer’s business AND
ii) Are essential to perform the job in a reasonable manner.”
Unsupported statements, mere assertions of fact without the submittal of
supporting documentation, and declarations of employer preferences,
convenience, or efficiency are in sufficient to support business necessity.
Additionally, challenges based on the Dictionary of Occupational Titles (DOT
), prior Foreign Labor Certification decisions, or disagreement with the SWA
’s SOC/O*Net code as assigned in the prevailing wage determination fail to
address business necessity. (PWD appeals must be sent to the SWA within 30
days of the determination date prior to the filing of the ETA form 9089). |
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