Under what circumstances may the foreign worker use experience gained with the employer as qualifying experience?
If the foreign worker already is employed by the employer, the employer can not require U.S. applicants to possess training and/or experience beyond what the foreign worker possessed at the time of initial hire by the employer, including as a contract employee: (1) unless the foreign worker gained the experience while working for the employer in a position not substantially comparable to the position for which certification is sought; or (2) the employer can demonstrate that it is no longer feasible to train a worker to qualify for the position. NOTE: A substantially comparable job or position means a job or position requiring performance of the same duties more than 50 percent of the time. • For purposes of determining whether the foreign worker gained experience with the employer, would an affiliate abroad or an acquiring company be considered an employer? For purposes of determining whether the foreign worker gained experience with the employer, an employer is “an entity with the sa
Related Questions
- For purposes of determining whether the foreign worker gained experience with the employer, would an affiliate abroad or an acquiring company be considered an employer?
- For purposes of determining whether the alien gained experience with the employer, would an affiliate abroad or an acquiring company be considered an employer?
- Under what circumstances may the foreign worker use experience gained with the employer as qualifying experience?
