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Question:

Under PERM, could you still maintain alternative qualifications for a cook, e.g. "2 years as cook or 2 years as chef"? After Jan. 1st, assuming PERM is not yet in place, does it matter if one files as RIR as opposed to regular processing?

Answer by Nathan Waxman:

The draft regs do indeed seem to ban alternative requirements, but this appears to be in the context of alien qualification via related experience (usually in the Delatizer context). However, they also eviscerate Bronx Medical, by allowing U.S. workers to qualify through combinations of experience and education not specified. Perhaps the way these seemingly inconsistent provisions would be reconciled is that while the alien can't qualify through related experience, the employer can enumerate alternative requirements (which are obviously expansive not restrictive) in the event that the alien beneficiary qualifies through the Par. 13 experience, not through the related. E.g. a cook has experience as a cook, but a chef would be considered as well.

Answer by Ester Greenfeld: