Does PERM allow alternate experience in labor certification cases?
Yes, PERM regulation permits the use of alternative experience requirements as a means of qualifying for the employers job opportunity. Basically the PERM is adopting the criteria set forth by the Bureau of Alien Labor Certification Appeals in the case Matter of Francis Kelloag (94- INA-465). Kelloag held that the employer should accept any and all experience that would reasonably prepare an applicant for the position and not permit an employer to accept only the specific related experience the alien might have, without regard to whether the other experience would prepare the applicant for the position in question. Alternative requirements and primary requirements must be substantially equivalent to each other with respect to whether the applicant can perform the job duties in a reasonable manner. When an employers alternative requirements are substantially equivalent but the alien does not meet the primary job requirements and only potentially qualifies for the job by virtue of the em
