Kellogg Language

Kellogg Language – From FAQs Round 10:

The “Kellogg Language” is: “any suitable combination of experience of education, training, or experience is acceptable” .

Does the advertisement have to contain the so-called “Kellogg” language where the application requires it to be used on the application?

Where the “Kellogg” language is required by regulation to appear on the application, it is not required to appear in the advertisements used to notify potential applications of the employment opportunity.

However, the placement of the language on the application is simply a mechanism to reflect compliance with a substantive, underlying requirement of the program.

Therefore, if during an audit or at another point in the review of the application it becomes apparent that one or more U.S. workers with a suitable combination of education, training or experience were rejected, the application will be denied, whether or not the Kellogg language appears in the application.

Is the employer required to include the statement, “any suitable combination of experience of education, training, or experience is acceptable” on the application when the employer requires experience in an alternate occupation and not in the job offered?

No, the employer is not required to include the statement on the application if the employer has indicated it requires experience in an alternate occupation and not in the job offered.

The “any suitable combination of experience of education, training, or experience is acceptable” statement is only required where there are primary as well as alternative requirements and then only if the alien is already employed by the employer and the alien does not meet the primary job requirements and only potentially qualifies for the job by virtue of the employer’s “alternative” as opposed to its “primary” requirements.

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