Could file PWD and do advertisement at the same time?Thank you
I think PWD and job advertisement can be done at same time.
Check the complete process of green card filing by employer here:
During the perm process, my employer started the recruitment activity before the PWD was approved. This was done inorder to file the perm 365 days prior to the H1B max out date. But they ensured that the perm was filed before the PWD expired.
Does DOL issue an audit for these kind of filings? Have you ever heard or think that this scenario might lead to an audit?
There is no need to worry. As far as i know, the applications are selected randomly for audit.
You should be fine.
Thanks @Anil.Gupta, one more question in the context of the perm process.
I read on the internet that the position for which the perm is being filed shouldn’t be tailored according to the beneficiary’s qualifications/capabilities/skills etc.
Being a software engineer all through the last 10+ yrs, the perm’s job description/roles/responsibilities/skills will obviously overlap with my previous experience. Is this a concern or have you come across anything of this sort in the past? Please throw some light on this. Thanks in advance.
I do not understand your question. The PERM job description should match your profile.
If the form 9089 mentions job requirements like bachelor’s degree in computer science or related plus 5 yrs of experience and the newspaper ad mentions only bachelors in computer science or related. Is that an issue?
I read on the internet that the newspaper ads should apprise and encourage more people to apply and it should not be more specific which holds good in the above example. The DOL’s FAQs also emphasize that if a job requirement is mentioned on the newspaper ad it should definitely be part of 9089 and not the vice versa.
Can you please throw some light on this.
Your information is correct. The job advertisement should match the PERM application.
Thanks @Anil.Gupta. When you say both should match, do you think the ad need to contain every requirement? In my case the ad just mentioned Bachelors in computer science or related where as the perm application has Bachelors in computer science or related plus 5 yrs experience.
Below is the information that I read from the DOL website.
Employers need to apprise applicants of the job opportunity. The regulation does not require employers to run advertisements enumerating every job duty, job requirement, and condition of employment. As long as the employer can
demonstrate a logical nexus between the advertisement and the position listed on
the employer’s application, the employer will meet the requirement of apprising
applicants of the job opportunity.
It does not need to match work by word but your employer should be able to prove that it is the same job and advertisement is pretty similar.
They would be asked to prove it if your application is selected in audit.
Thank you @Anil.Gupta.