You will be in a good position if the following statements are both true:
(1) The five years of experience prior to your coming to the States is in the same field as the position you hold now. In other words, the five-year experience is "related" experience.
(2) The current position you are in has a minimum requirement on years of work experience. Let me use an example to explain this a bit more:
Case 1: if the position you are in now only requires a ***minimum*** of, say, one year of experience, you don't have much advantage.
Case 2: If it calls for a minimum of 4 or 5 years of prior experience, you may have an advantage.
Why? Remember LCA is meant for your company to do its due diligence to search for U.S. citizens who will qualify for your position. All the U.S. citizen needs to be considered "qualified" is to satisfy the MINIMUM job requirement. If your company receives any such resumes, it has to interview the U.S. citizen. It may also need to hire them. As a result, the LCA filed on your behalf is rejected. In case 1 above, it may be very easy for your company to find a U.S. citizen who has one year of experience. In case 2, it may not be as easy.
I've actually seen cases in our company where, local (Texas) labor department actually provided that branch of our company with a list of U.S. citizens who qualify for the LCA we were filing for. This was during the internet bubble burst and the LCAs were filed for programmer positions. Very bad timing, since a lot of U.S. programmers just lost their jobs and were actively seeking employment.
(1) The five years of experience prior to your coming to the States is in the same field as the position you hold now. In other words, the five-year experience is "related" experience.
(2) The current position you are in has a minimum requirement on years of work experience. Let me use an example to explain this a bit more:
Case 1: if the position you are in now only requires a ***minimum*** of, say, one year of experience, you don't have much advantage.
Case 2: If it calls for a minimum of 4 or 5 years of prior experience, you may have an advantage.
Why? Remember LCA is meant for your company to do its due diligence to search for U.S. citizens who will qualify for your position. All the U.S. citizen needs to be considered "qualified" is to satisfy the MINIMUM job requirement. If your company receives any such resumes, it has to interview the U.S. citizen. It may also need to hire them. As a result, the LCA filed on your behalf is rejected. In case 1 above, it may be very easy for your company to find a U.S. citizen who has one year of experience. In case 2, it may not be as easy.
I've actually seen cases in our company where, local (Texas) labor department actually provided that branch of our company with a list of U.S. citizens who qualify for the LCA we were filing for. This was during the internet bubble burst and the LCAs were filed for programmer positions. Very bad timing, since a lot of U.S. programmers just lost their jobs and were actively seeking employment.
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