Discuss vinayak's PERM USCIS Case

PERM case: Pending for 4586 days (-4358 days more than average)
India
10 Mar 2010
EB2
yes
28 Jul 2010
PROOF OF BUSINESS NECESSITY AND RECRUITMENT PROOF...
26 Aug 2010
pending
4551 days
02 Aug 2010
30 Dec 2010
my lawyer told me that usually AUDIT would be either for business necessity or recruitment proof but in my case it was both too bad.looks like there are more and more audits for EB2.


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Users currently watching this case: EB3Nov03toEB2, vinayak, kenp, gcFarAway, greencard111 13 Comments

Posted by EB3Nov03toEB2
02 Aug 2010 #1
What were the minimum job requirements on your PERM application and your field?
Posted by vinayak
02 Aug 2010 #2
Masters Degree for sure and GIS RELATED PROJECTS experience ..
Posted by kenp
06 Aug 2010 #3
Hi,

Did they ask for the US workers resumes in your case.

Thanks,
Ken
Posted by vinayak
06 Aug 2010 #4
Yes, they did they asked for all the below things
Business Necessity
Recruitment Proof
9089 signatures
SWA JOB ORDER
Resumes.

How about you Ken ?
Posted by kenp
06 Aug 2010 #5
Thanks for your reply. I did my PERM back in 2007 in EB3 and I am planning to do one now in EB2. So I did not start
my second PERM yet. But during the first PERM I got an audit and they asked evrything except the resumes. Are they
asking resumes for all audits nowadays.

Did u mention any special requirement in the PERM.
Posted by vinayak
06 Aug 2010 #6
There were no special requirements it was under EB2 WITH MS and NO EXP REQUIRED
Posted by kenp
06 Aug 2010 #7
Did u have anyone apply with the same requirement MS + O Exp. and got rejected for some reason.
Posted by vinayak
06 Aug 2010 #8
sorry did not answer about the resumes am not sure about others but they did ask me for resumes.. and it looks like they are auditing more and more cases these days than before.. the reason is comp are not doing H1 B'S THESE DAYS AND DOL labor force seems to have all the time in the world to do auditing too bad man...
Posted by vinayak
06 Aug 2010 #9
i dont know if anyone applied under the same category and got rejected .. but why do you ask ?
Posted by kenp
06 Aug 2010 #10
Since ur requirement MS + 0 Years does not require any experience and the DOL might have thought it would
have been possible to find a candidate depending upon ur location. However do not worry about it. Write the
buisness neccessity letter and make sure you send evrything DOL has requested. If you work for a consultant
ask them if they encountered any resume with the same qualification. When I applied first time the requirement
was BS + 0 years exp. The candidates who applied either did not posses the degree nor were related to the
occupation. Still we recieved an audit. I guess that it was due to the requirement BS + O Years. Again DOL also
issues random audits. So u can never predict who will get audit. The other thing they see is the company size.
If the company is small they want to make sure that the applicant is not related to the sponsor and an US
candidate was not rejected due to that.
Posted by vinayak
06 Aug 2010 #11
who wrote the business necessity letter your employer or attorney.
Posted by kenp
06 Aug 2010 #12
I am sorry I forgot to let you know we did not need to provide that since BS + 0 years was well under the normal range.
But I heard that normally the employer writes it and the attorney helps to draft it in terms of what to write.

Check this thread

http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4694050912&m=3231061261
Posted by greencard111
30 Nov 2012 #13
can you please provide the template as to what you send for business necessity audit in the following email: [email protected]
I have received the same audit.

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