Can my employer restrict the job requirements to specifically fit my credentials but make most potential job applicants unqualified?
A. The job requirements cannot be unduly restrictive. In general, a job is not considered unduly restrictive when the job requirements: a) are those normally required for the job in the U.S.; b) are those defined as part of the job in Dictionary of Occupational Titles; c) do not contain a language requirement other than English. All three conditions must be fulfilled for a job not to be considered unduly restrictive. This is one of the critical issues in the LC application and only very experienced attorney can make good determination.
The job requirements cannot be unduly restrictive. In general, a job is not considered unduly restrictive when the job requirements: a) are those normally required for the job in the U.S.; b) are those defined as part of the job in Dictionary of Occupational Titles; c) do not contain a language requirement other than English. All three conditions must be fulfilled for a job not to be considered unduly restrictive. This is one of the critical issues in the LC application and only very experienced attorney can make good determination.
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