How to Complete the “Other Requirements” H-14 question on the ETA 9089 PERM application

H-14: Specific skills or other requirements

The ETA 9089 instructions (https://www.foreignlaborcert.doleta.gov/pdf/9089inst.pdf) state: Enter the job related requirements. Examples are shorthand and typing speeds, specific foreign language proficiency, and test results. The employer must be prepared to document business necessity for a foreign language requirement.

H-14 is a very important field in the ETA 9089 PERM application because it allows the employer to list what are sometimes the most important minimum requirements for the position.

For example, if the permanent position is for a Software Developer, the employer may require that an applicant be proficient in a certain software tool, such as Java, or .Net. The employer may not care how much experience an applicant says he or she has, just that they are proficient in Java, or .Net.

The employer will be required to provide evidence that the beneficiary possessed the required proficiency prior to joining the organization, unless the beneficiary joined the organization in a position more than 50% different that the permanent position being offered.

Such evidence may be in the form of work experience letters from previous employers, or a signed and dated letter stating the beneficiary obtained the proficiency during University study. If the latter is the case, the letter should reference specific courses, dates and course descriptions accompanied by a copy of the University transcripts.

The H-14 requirements must also be properly noted in Section K of the ETA 9089. For example if the proficiency was gained through prior employment, then that employment must be noted with an entry in section K. Likewise if the proficiency was gained through University study an entry in section K is required.

Related Links:
PERM Overview
EB-2 vs EB-3
PERM FAQ
PERM / I-140 Ability Pay Requirement
PERM and Prevailing Wage Processing Times
PERM and I-140 Complete Do it Yourself Kit
PERM Attorney

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