Can the beneficiary use experience gained on the job?
Experience gained by the foreign national on the job generally may not be reflected in the minimum requirements for the position involved in the labor certification. There are two reasons for this: (1) Employers are prohibited from imposing job requirements in a position where it previously provided on the job training, and (2) Employers may not impose higher requirements for a position in which it previously hired a foreign national that possessed less experience. However, there are exceptions to this general rule. Please contact our office for a detailed analysis for your specific situations.
