jxv73

Thanks for digging up that primary source!

To the OP: I would say more than hope. A competent immigration lawyer will be able to get you going on the right path. The key thing is make sure the lawyer has experience with PERM cases that involve "equivalence" of a Master's Degree. The biggest pitfall in these cases is writing up the PERM one way and then submitting the I-140 in a different way. PERM is the first step and is with the department of labor - it takes 6-7 months, I-140 is the second step and it is with USCIS, then there is a third step, the I-485, again with USCIS. The I-140 and I-485, if on EB-2, can take about 6 months.

fatbrit

The company wrote the job spec, and the company wants him.

Easiest solution is for the company to rewrite the job spec so that it qualifies for an EB2 unequivocally. Easy, peasy.

jeffreyhy

Point of clarification - your cite is from the AFM - the USCIS Adjudicator's Field Manual - not the FAM. The FAM is the Department of State's Foreign Affairs Manual.

Well done, though. Thanks for providing it.

Regards, JEff

civilservant

I actually thought FAM stood for Field Adjudicator's Manual, learn something new everyday

jeffreyhy

You didn't read the URL?
http://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-26573/0-0-0-31107.html

Or the very top line of your cite?
\ afm \ Adjudicator's Field Manual - Redacted Public Version \ Appendices \ Appendix 22-1 Educational and Experience Requirements for Employment-Based Second Preference (EB-2) Immigrants.

(The bolded emphasis is mine.)



Regards, JEff

civilservant

A simple matter of alphabetical inversion

jxv73

AFM = Adjudicator Field Manual (USCIS)
FAM = Foreign Affairs Manual (DOS)

The FAM has a lot of info on waivers on inegibility and other issues that arise when trying to obtain a visa.

jxv73

True. But they have to be careful not to give the impression that it was "tailored" to the applicant. The DOL has found that "tailoring" the job to the applicant is grounds to deny the PERM

fatbrit

It's a fine jiggle best left to the lawyer. But now is the time to jiggle it if it can indeed be jiggled.

jeffreyhy

And let's not leave out the IFM - CBP's Inspector's Field Manual. Great information on how immigration inspections are to be conducted and what the officers are to determine.

Regards, JEff

Zez

Thank you all for your help. Obviously will get lawyer on the case, but for now I think it is hopeful enough for us to at least want to find out more about the proposition.