Hi PunkBiologist,

I could have responded better if you had stated the position you are working on. Anyways, your concern is correct. The job should have a minimum requirement of a BS degree. If your employer is really helpful, ask him to create a different position with a minimum requirement as BS degree, and then rehire/promote you to that position. This is for your own benefit as it will be easier to prove that there are no citizens with the minimum requirements in the market.

The only concern here is that the labor dept determines the minimum salary for a post depending on the qualification of the employee, and the job post. So, your employer might have to pay you more, and he may not like it. If your employer says no, consult a good lawyer as there are a lot of loopholes in the system.

Good luck