CONSIDERATION OF FORM ETA 9089 IN ITS ENTIRETYbr br Form ETA 9089, an online fillable form, has certain inherent limitations. Certain lines and sections only accept numerical characters, and not alphabetical characters. Additionally, there is a limitation on the number of characters that may be entered on certain lines and sections. For this reason, Employer is unable to indicate its complete requirements on certain lines and sections. Employer therefore utilizes Part H, Line 14 of Form ETA 9089 to fully set forth the requirements of the position. Additionally, Form ETA 9089 is a legal document and as such the document must be considered in its entirety. For the foregoing reason we believe it is appropriate for the Employer to elaborate its minimum requirements on Part H, Line 14, as indicated in the following paragraphs.br br In this context, Employer follows BALCAs decision In the Matter of Symbioun Technologies, Inc., 2010PER01422 Oct. 24, 2011, whereby BALCA expressly recognized the structural limitations of the ETA Form 9089, and specifically stated that experience in the job offered is experience performing the key duties of the job opportunity, specifically those listed in Question H. 11, and that Question H.6 cannot be properly used to list a requirement for experience other than in the key duties of the job offered. For the foregoing, Employer elaborates requirements for this job opportunity at Part H, Line 14br br CLARIFICATION REGARDING PETITIONERS MINIMUM REQUIREMENTS AS STATED ON PART H, LINES 4, 4B, 6 AND 6A OF FORM ETA 9089br br Employer wishes to clarify its intent regarding its minimum requirements. Employer requires a Bachelors degree or foreign equiv. in Computer Science or any IT related field, any Engineering Technology field, or related and 5 years progressive post Baccalaureate experience in SDLC, including 24 months experience in the job offered including technologies identified at Part H, Line 11.br br Please note that Part H, Line 6A of Form ETA 9089 only seeks to elicit the experience in the job offered and not the total experience required. Please note that since Part H, Line 6A does not ask for the total experience that the Employer requires, and only asks for the months of experience required in the job offered, Employer correctly lists the experience required in the job offered as 24 months.br br However, that is only a portion of Employers holistic requirements for experience because the total experience that Employer requires is 5 years progressive post Baccalaureate experience in SDLC, including, at least 24 months in the job offered including technologies identified at Part H, Line 11. Part H, Line 6A of Form ETA 9089 does not allow the Employer to express the total experience required as it limits the response to only the months of experience required in the job offered.br br To determine experience, employer does not consider job titles, but job duties as dispositive on this issue.br br Alien beneficiary satisfies the experience requirements listed at Part H, Lines 6, 6a, and 14 through prior experience shown at Part K Alien Work Experience.
Categories: eb3
0 Comments