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Greg Siskind on Immigration Law and Policy

DOL Says Engineering Degrees Not Acceptable for IT Green Card Cases Even Though They

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This post from my friend Mike Hammond epitomizes the nonsense we see from the Department of Labor when it comes to processing labor certification-based green card cases:

Over the past several weeks, the DOL has been denying PERM cases for IT professionals which allow for engineering degrees as an educational requirement or alternative. This new policy has been widely reported by AILA attorneys and others. The explanation by the DOL is that an engineering degree is not the type of degree that would normally be acceptable for an IT position. For those of you who are currently holding IT positions and have an engineering degree, you must have just gotten lucky in getting your job. Once again, the DOL has demonstrated its uncanny ability to break from the practices of the real world. What is ironic is that the DOL currently has an open position for an IT professional and amazingly it specifically states that an engineering degree is an acceptable educational background. In only approximately 15 minutes, we were able to uncover no less than a half-dozen other Federal government agencies hiring IT professionals and stating that an engineering degree was an acceptable educational background. We are hopeful that DOL HQ will intervene and provide some additional training to its Certifying Office in Atlanta and correct this policy. In the interim, employers are being forced to file BALCA appeals to protect priority dates, insure the ability to extent H-1bs beyond the 6 year limit, or avoid new costly recruitment campaigns. Even if this clearly erroneous policy position is quickly corrected, a significant amount of unnecessary cost will have been expended by employers and the delay created and the cloud of denial will have affected many foreign nationals.

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  1. George Chell's Avatar
    "We are hopeful that DOL HQ will intervene and provide some additional training to its Certifying Office in Atlanta and correct this policy."

    With all due respect to Greg, it is the South. What do you expect? Also most southern white reps from GOP and at least some from Dems oppose immigration under all circumstances. That is why folks like Marsha Blackburn and Rene Elmers make no statements supporting legal skilled immigration unlike Robert Goodlate. Well, north is also culpable in some respects...they have Michelle Bachmann, Steve King and Lou Bartletta. Folks who say they are only against law breakers but keep very silent about skilled immigration, lest their bigotry be exposed.
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