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.
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In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.