How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Judith Your Own Question
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28069
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Type Your Immigration Law Question Here...
Judith is online now
A new question is answered every 9 seconds

Sure. My company filed a PERM (with every step before) and

Customer Question

Hi there, sure. My company filed a PERM (with every step before) and it was accepted. We are about to filed the i140 and adjustment of status and my foreign master degree was evaluate as a bachelors (probably because was to old 98). The purpose was to enter the EB-2 process. Not sure what are the options now. The recruitment process and job add was requesting a master not a bachelor + 5 years of experience. What do you think? thanks..
JA: Have you talked to a lawyer yet?
Customer: My company is using a layer for the process and she requested and diploma evaluation. I did it but unfortunately, it came back as a bachelor… I am still trying to understand why… And what's next
JA: Anything else you think the lawyer should know?
Customer: Good question. I am wondering if I can apply with bachelor + my experience (15 years) but it will be in contradiction with the job posting made for the prevailing wedge and PERM
Submitted: 1 month ago.
Category: Immigration Law
Expert:  Judith replied 1 month ago.

Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

Expert:  Judith replied 1 month ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

I say whoever filed this case was negligent in doing their due diligence prior to filing the PERM.

There is a saying in law: You never ask a witness a question unless you already know the answer.

Basically, that boils down to no surprises.

A PERM is never filed until you have verified the beneficiaries credentials, including obtaining a verification from a qualified credential evaluator that the degree is what you say it is on the PERM and you never ask for any education or experience that you do not have verification in hand.

You have to file the PERM all over again. Why? Because if you had done the recruitment asking for a BS and 5 years experience there may have been qualified US applicants.

The I-140 will not be approved on the grounds that you do not hold the required qualifications.

I wish there was a solution to correct this but there is not and you need to start all over again from scratch.

It is also wise not to require the 5 years experience without having those verification of experience from former employers also in hand.

I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.


Related Immigration Law Questions