Image CAPTCHA
Enter the characters shown in the image.

H-1B

You are here

Home

Education, Training and Experience: What Counts and What Doesn't

Complex rules control the PERM minimum qualifications an employer may require. Listing many minimum requirements often leads to difficult audits. 

For I-140 petitions, a worker may not combine degrees, certificates and experience to meet the minimum qualifications of the job.  If you have a three year bachelor's degree from a foreign country and significant experience, or a post graduate diploma, you still don't have the equivalent of a bachelor's degree for employment-based permanent immigration.  8 CFR 204.5(l)(3)(ii)(c).

The petitioner is required by law to file with the I-140 petition proof that the worker meets the minimum qualifications for the job.  8 CFR 204.5(l)(3)(2)(B).

Related Subjects: 
H-1B

Pages

 
 

Call us at 408.797.0000

Call us at 408.797.0000

Call us for a consultation at 408.797.0000. We offer expert services and proven experience with complex issues that others can overlook.

Save this page

 
PDF

Who's Online

 
There are currently 0 users and 12 guests online.

visit us at:

  1999 S. Bascom Avenue, Suite 797
    San José, CA 95008
 (408) 797-0000

  200 Washington St., Suite 208
    Santa Cruz, CA 95060
 (831) 245-0000

The Olender Pro Bono Project

We represent some clients who have compelling cases and little money at no charge. Sean received the Benito Juarez human rights award in 2008 and the ALRP Volunteer Award in 2012 for taking more than 10 pro bono cases in 12 months. We need volunteers. E-mail Debbie to volunteer.

Change Your Address at DHS!

If you are not a US citizen, you must change your address with DHS within 10 days of moving or face deportation. Click Here.