PERM, Supervise Recruitment, Qualified Job Applicant

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We represented an IT consulting company and a Technical Project Lead employed by them.  The PERM was selected for supervised recruitment.  USDOL denied certification, alleging that the employer rejected a potentially qualified U.S. applicant without an interview.  This is one of the cases where our firm’s knowledge of various fields, including IT, paid off.  The job offered required high-end database experience.  The job applicant possessed only MS Access experience.  We established on the record that MS Access experience could not possibly translate into working with high-end databases in multi-million dollar projects.  We submitted copious amounts of evidence, including data from federal government IT deployments and case law.  We argued that the U.S. applicant was not qualified, could not possibly qualify for the position, and that an interview was not required because hiring the U.S. applicant would necessitate an unreasonable amount of on-the-job training. 

The case was approved in about two weeks.