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Question:

When you put on the ETA 9089 form that a Master plus 3 or a Bachelor plus 5 is acceptable for the occupation, what was the standard language that you said had to be on the application or else it would be denied? And where would you suggest putting it on the form? It was something like "any combinations of education..."

Answer by Sofia Zneimer:

According ot § 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. This should be stated in the block for answer to question H-14.


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