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Matter of eBusiness Applications Solutions, Inc. 2005-INA-87 (BALCA Dec. 6, 2006) (Vittone, Chief Administrative Law Judge)

Grace Korean United Methodist Church v. Michael Chertoff, Eduardo Aguirre and Gregory Christian

HYPO used in Session 2:
Sumir Jain is a consultant working for ABC Consulting headquartered in Philadelphia, PA. His specialty is SAP systems implementation. He was born in India and has a BS degree in engineering from Osmania University which has been evaluated to be the equivalent of three years of University level study in Computer Science. He also has 7 years of experience working for XYZ Consulting as an SAP systems consultant. ABC Consulting's minimum requirements for his position and geographic location are a MA/MS and 2 years of related experience or a BA/BS in Computer Science, Information Systems, Mathematics or Engineering and five (5) years of related prior experience. ABC will accept three years of University level study plus two years of related progressive experience in lieu of the BA/BS requirement. Applicants must be willing and able to travel to unanticipated client sites nationally. Based on his job description and requirements, the SWA designated him as a "computer software engineer" – level 4 at a prevailing wage of $90,646/yr.

During the February 8, 2007 second session of the seminar entitled "What will the year of the pig bring" it was suggested that for roving employees, an ad be placed in a national publication. To be clear, in order to successfully file the Form 9089, you would need two local ads covering the headquarters location for those employees who may be at various unanticipated client or office sites nationally. The suggestion to place an ad in a national publication was in addition to any base requirements for a PERM application as an extra measure due to the lack of clear guidance on the issue of roving employees under PERM.