MichaelX

Please review my ETA 9089, it must fit EB2.

H.3. Job title: SENIOR SOFTWARE ENGINEER
H.4. Education: minimum level required: MASTER'S
H.4-B. Major field of study: COMPUTER SCIENCE
H.5. Is training required in the job opportunity? NO
H.6. Is experience in the job offered required for the job? YES
H.6-A. If Yes, number of months experience required: 12
7. Is there an alternate field of study that is acceptable? NO
H.8. Is there an alternate combination of education and experience that is acceptable? NO
H.11. Job duties:
Analyze, design, coordinate and supervise the development of software systems.....
Design and develop programming systems making specific determinations....
Responsible for development of new programs, analyzes...
Responsible for analysis of current programs including performance….
Review and repair legacy code….
H.12. Are the job opportunity's requirements normal for the occupation? YES
H.14. Specific skills or other requirements: EMPTY


I am not quite sure about H.6, H.6-A. My understanding is that a senior s/w developer position requires experience, at least 1 year. On the other hand Masters’s degree + 12 months of experience may exceed SVP.

Thank you,

S Folinsky

Comment: If people care to answer your question, a complete set of facts is needed.

MichaelX

What facts are needed? I would be happy to share more…

This is a typical case for a software developer position. There must be hundreds of IT guys who want to qualify for EB2.

So typical requirements: Master’s degree + some experience. I put 12 months.

I answered Yes for question 12 “opportunity's requirements normal for the occupation? “ because it looks like quite normal requirements for this position.

Does anyone have experience of filing a form with similar parameters?

Or something that could be a red flag for DOL?

aussie_best

For case specific questions its better to consult a qualified immigration attorney...

S Folinsky

Comment: it is notable that you cannot be bothered to give any facts about the prospective employer. What does the employer's lawyer have to say?

srefre

I'm not an expert in any way on the immigration side, but from my experience of working in the software industry, I find that most senior roles want 5+ years of experience. No idea if this is of any relevance or not.

As Mr Folinsky has already stated, perhaps with more details of the employer things may become clearer.

MichaelX

Srefre, thank you for your comment.

It confuses me too, If I put 3-5 years of experience it will exceed SVP for sure.

On the other hand I don’t want to answer NO to H.12 (requirements normal for the occupation) because requirements look pretty normal.

S Folinsky

Query: I forgot to ask -- you mention "my" application. Are you the employer or the alien beneficiary? You don't say.

MichaelX

Yes, I am an alien . Lawyers don’t ask such questions…

I have my company’s lawyer that I have to use but he is not experienced with this. My company wouldn’t be happy if I suggest switching to another lawyer so I need to control this myself.

shorrock

What gives you the impression they are not experienced enough? You have shown that you don't have the experience by seeking assistance here.

I'm sure this person will seek help from more experienced people they work with if they can't answer your questions.

If you don't believe this then you should be telling your employer, they are paying for a service that they are not getting.

S Folinsky

Comment: You don't know "DOL-speak" at all. Furthermore, "DOL-speak" and "CIS-speak" are two different languages.

ian-mstm

And yet a lawyer asked the question. It's not your application... it's the company's application.


Unless you're also a lawyer, I suggest he has more experience than you do.


You may be the beneficiary of the application, but you aren't the applicant. How then, do you plan to control the application?

Ian

Duncan Roberts

There is nothing in the "rules" that says you can't retain the services of an immigration attorney in addition to the company one. In fact, it is probably wise to have a professional looking out for your interests rather than the companies because it will be you who gets screwed if things go wrong.

S Folinsky

Socratic query: Would you make the same statement if you were fluent in "DOL-speak?" Explain.

Comment: Literature is often a guide on how to view things. The terms "Orwellian" and "Kafkaesque" come to mind. And of course, Joseph Heller will always be remembered for "Catch 22."

MichaelX

>>How then, do you plan to control the application?
I am planning to suggest some ideas regarding position and job duties/education level and review the form before filing if they allow me

>>What gives you the impression they are not experienced enough?
They never filed LC as EB2, only EB3


It’s all not that simple because most of the companies don’t cooperate well enough with employees that that are doing green cards for. For example, I already had my LC filed as EB3 and rejected. So what I realized is that it’s better get into this myself – at least I can read official documents and forums and see if my company/lawyers are doing things that correspond to my interests as well.

This LC processing is very confusing because there are no clear instructions how to apply for LC as EB2 category. That’s why I asked your advice here.