PERM Equivalent Foreign Degrees and Alternate Job Experience

Listed below are answers from an immigration lawyer regarding your questions about PERM and work permits. Be sure that you are in compliance with the effective date, March 28, 2005, for the new PERM regulations.

Question: Is the employer permitted to accept an equivalent foreign degree?

Answer: Yes, the employer may accept an equivalent foreign degree. However, the employer's willingness to do so must be clearly stated on the Application for Permanent Employment Certification, ETA Form 9089.

Question: Is the employer permitted to accept alternative job experience/qualifications?

Answer: Yes, an employer may specify alternative experience or qualification requirements, provided the alternative requirements and primary requirements are substantially equivalent to each other with respect to whether the applicant can perform the proposed job duties in a reasonable manner. As discussed in the preamble to the final regulation, this is the standard developed by the Board of Alien Labor Certification Appeals in Matter of Francis Kellogg.

Note: Even when the employer's alternative requirements are substantially equivalent, but the alien does not meet the primary job requirements and only potentially qualifies for the job by virtue of the employer's alternative requirements, the alternative requirements will be considered unlawfully tailored to the alien's qualifications unless the employer has indicated on the application that applicants with any suitable combination of education, training or experience are acceptable.

Return to list of PERM FAQ and Info.