Here's another recent Department of Labor appeal case for those in the community to take a look at. This one involves analysis of how exactly we define experience when it comes to time on the job vs. time in school.
In April of 2009 a Certifying Officer (CO) denied an employer's request for Permanent Employer Certification (PERM) for the position of Product Manager on two separate grounds. One reason was the alien did not meet the minimum experience for the position under the Code of Federal Regulations (CFR).
Under CFR the minimum qualification for the position is a "Bachelor's Degree in Merchandising and five years experience in the field or equivalent combination of education and experience." It was that piece of regulation the CO cited when making the denial.
In a request for reconsideration on May 1, 2009, the employer argued that the alien had "one year of university credit" and had been on the job for 14 ½ years. The employer felt the year of education and job experience was enough to equal 17 years of overall experience.
On February 18 of 2010 the CO denied certification. The CO pointed to a 1994 policy guideline on certification in which a bachelor's degree is listed as equivalent to two years of experience. That would mean a Bachelor's degree and five years of experience would be equal to seven years in the work place, not 17.
That meant the employer's formula was not "substantially equivalent" to the primary requirements of the job.
The case was turned over to a judge with the Board of Alien Labor Certification Appeals. After outlining the way the PERM process is supposed to function - "exacting" rather than drawn-out - the judge would ultimately find for the CO.