Legal Question in Immigration Law in Michigan

I have PhD and 5 years of work ex.

I started working at my current employer in 2011 and they transferred my H1B with a job description saying minimum requirement of Bachelors.

Right now they have started the Green Card process and in the job description, they mentioned the minimum requirement as Masters for the Labour Certificate. The LC has been approved and we will file for I-140 now.

I am concerned that this discrepancy in the minimum requirement in the two job descriptions (Bachelors in H1B and Masters in GC) may give the USCIS a reason to reject the I140.

Can you please shed some light on this? Is this likely? Is yes, what's the remedy?

Asked on 5/12/13, 8:10 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

The H-1B is completely independent from the Labor Certification. An H-1B does NOT have any degree requirements, other than what is in the Regulations.

However, the Labor Certification is based on the requirements (education or work experience or both) that are common to the position, both in the industry, to the specific employer, and inherent to the profession itself.

There should be no problem because I do not see any discrepancy.

When in doubt, you should address your concerns with the Attorney who filed both cases for your employer.

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Answered on 5/13/13, 10:26 am

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