My prevailing wage determination (PWD) was approved few weeks ago, but my attorney wants to file for new PWD with some modification: 1. Currently Approved PWD: at least BSN or BSMLT or bachelor degree in Medicine or Physical therapy + 2 year work experience [When I got the job it was PREFERRED to have 1 year work experience. But for PWD they set it 2 years REQUIRED without letting me know and I fell short of that 2 years. I provided attorney with my resume and total number of work hours at the very beginning and he should have known it given he handles immigration cases for 100+ hospitals. I had ample chance to get fake work experience letter from Nepal, but I don't want to go that route at all] 2. New PWD: Will be same as number 1 except the 2 year work experience part can be substituted with ONE specific master degree with ONE specific major within that degree (Just for Example Master in Nursing with Concentration in Emergency Management, but not MSN with other focus area]. My question is how much of a risk I will run for PERM audit given I will be applying with the Master degree with no experience requirement [ I think attorney will now be going for EB3 Professionals or Skilled Workers category which will be fine with me]. The job requirements for my position vary among hospitals in each state with RN being the lowest degree nationwide (if not RN then bachelor in few selected program being the minimum required degree). However my grad degree major which will be the only thing that will waive the 2 years work experiment also happens to be the most preferred advance degree nationwide for the job I do and will be doing in future. The new PWD again gonna take about 3 more months and I am already running low on patience with this waiting game. So, I would only like to go for it if there is a very good chance of PERM approval with Master degree only and no work experience requirement. If not, I have the alternative H1B option (aware it's lottery, but employer is willing to go for it if I chose not to go for GC and tell them to process h1b within next 4 days. At least with H1B I can travel to Nepal). Will really appreciate some informed suggestions. TIA. Last edited: 15-Mar-16 09:30 PM
Saaney Gurung · Mar 15, 2016 8:00 PM · 1,675 views
My suggestion is to go for new PWD application. Though it takes 2/3 more months, if job description with proper work experience, filing for EB2/3 will be the best option (be high on patience if you are not running out of time to maintain status). Filing for H1B will be a backup plan I would recommend but it cost extra expenses. Need more info , PM me.
neerman · Mar 16, 2016 7:21 AM
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