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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

PERM Practice Here And Now

by Joel Stewart, et al.

Editor's Note: The following are the materials for this seminar.

Citations for ILW.COM's Seminar
"PERM Practice Here And Now"

For more info, or to signup online, click here.
For more info, or to signup by fax, click here.

From Joel Stewart

"Major Fluke In PERM Regulation: Validity Period Of PWD In Error" by Joel Stewart
http://www.ilw.com/articles/2006,0615-stewart.shtm

Question:

Would you detail the circumstances when to use the magic language?

Answer by Joel Stewart:

The "magic language" is found at 656.17(h)(4)(ii) --
"If the alien beneficiary already is employed by the employer, and the alien does not meet the primary job requirements and only potentially qualifies for the job by virtue of the employer's alternative requirements, certification will be denied unless the application states that any suitable combination of education, training, or experience is acceptable."

In other words, there are two conditions for the magic language to kick in --

(1) Alien is emloyed by the employer

(2) Alien only qualifies by virtue of alternative requirements.

The best example would be a second pref case --

The primary qualifications would be a master's degree.
The alternate would be a bachelor's plus five years progressive experience.

The alien does not have a master's degree and is working for the employer.

Ergo, magic language required in item h-14.

Extra tip: We use the magic language to "soften" unusual combinations of experience, education and training. Where the requirements are wide apart (like a degree in business but the job is for an engineer) you can overcome the apparent inconsistency (business v engineering) by stating the magic language.

There is nothing new about the magic language....according to the Kellogg cases in pre-PERM, you had to be very flexible on the issue of related or alternate requirements, and you had to consider US workers required under pre-PERM law if they had "any combination of experience, education or training" in the specific requirements.


About The Author

Joel Stewart, et al. are the speakers for the PERM Practice Here And Now seminar.


The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.


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