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Listserv Q&A for
"PERM Pointers, Pitfalls And Puzzles"

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Question:

This question may be addressed in the next session, but I'm often confused about alternative requirements. Let's say the position requires a bachelor degree plus 2 years experience, or a Master degree; and my person qualifies for the job only because he has the Masters degree. How should I answer Question J- 18 as to whether he has experience required in H-6? I must check "YES" to H-8 regarding alternative combination of education and experience, and I must state that any suitable combination of aducation, experience or training is acceptable. What is the implication of this statement on interviewing US workers? I am not expected to state this in the advertisement, right? Just on form ETA 9089.

Answer by Ed Litwin:

we will be dealing with properly filling out Form 9089. However, in the meantime, if your client has a Master's degree, no experience is necessary. Therefore, you would answer H-6 "no." However, as an alternative, you would answer H-8 "yes", H-8-A "Bachelor's" and H-8C "2."

For J-18, the answer would be "N/A" and the answer to #19 would be "no." The answer to the J questions is so since no experience is required.

I do not see that the "magic language" is necessary since the alien meets the requirements based on the primary and not the alternative requirements.

I do not see that you need to state the magic language in the ad if it is not required on the form.


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