Briana

I'm going to be sending in a prevailing wage request form on Monday
and so should receive the determination within a couple of weeks.
That form will not only tell me the prevailing wage but will also
provide me with the Job Zone/Skill Level - right? Now, my job level
may be semi-iffy in terms of how professional it may seem to be -
depending on how all the duties, etc are perceived.

So, my question basically is this: if the state department
states/determines the Job Zone as being a 4 - will that mean it could
meet the professional standards and so I may have a good chance of an
H1B being approved? If the job zone is a 3 will that mean I'm S.O.L.?
I shouldn't bother to go forward and apply for an H1B?

Thank you very much for your help on this matter. This issue on
whether or not the job is professional enough is very perplexing to
me. Argh!

-Briana.

Sylvia Ottemoeller

"Briana" wrote in message
news:[email protected]...

    > I'm going to be sending in a prevailing wage request form on Monday
    > and so should receive the determination within a couple of weeks.
    > That form will not only tell me the prevailing wage but will also
    > provide me with the Job Zone/Skill Level - right? Now, my job level
    > may be semi-iffy in terms of how professional it may seem to be -
    > depending on how all the duties, etc are perceived.
    > So, my question basically is this: if the state department
    > states/determines the Job Zone as being a 4 - will that mean it could
    > meet the professional standards and so I may have a good chance of an
    > H1B being approved? If the job zone is a 3 will that mean I'm S.O.L.?
    > I shouldn't bother to go forward and apply for an H1B?
    > Thank you very much for your help on this matter. This issue on
    > whether or not the job is professional enough is very perplexing to
    > me. Argh!

It puzzles me that you would try this on your own, Briana. A competent
immigration attorney will probably have prepared a few hundred prevailing
wage requests during the previous year, and he or she will have a good idea
of how a position will be classified, based on the details of the
description. The attorney will know how to argue the case with the
particular employee at the state employment agency who classifies the
position in a way other than expected, and how to speak convincingly with
that person's supervisor if the problem persists.

Also, a prevailing wage determination from the state employment agency is
not mandatory. There are other alternatives, but they must be used with
care so that the employer will be complying with the law.

The competent attorney will know how to present the job position to BCIS in
the H-1B petition, even if the job zone is a "wobbler" -- that is, if it can
go either way, with bachelor's degree required or no bachelor's degree
required.

Your plan to save the attorney's fees is truly a false economy, if that is
what you are trying to do.