1/24/2006

Computer Systems Analyst Changed from Job Zone 3 to Job Zone 4 for PERM Application: In implementing the PERM program on March 28, 2005, there were some areas which created a confusion and conflict because of the ill-defined Job Zones which did not reflect the real world occupational profiles. 

This was particularly noticeable in the occupation of Computer Systems Analyst. We brought up this issue as soon as the final PERM regulation was issued after we noticed that the PERM regulation listed this occupation as a professional occupation 5 requiring a bachelor's degree but the Job Zone was lowered to three which the employer should not require a bachelor's degree.

One other occupation that faced a challenge under the PERM regulation is lowering of Job Zone from thee to two for foreign food specialty cook. Job Zone two means employer cannot require more than one year of work experience without the business necessity evidence. Currently, the visa number for any occupations that are defined as unskilled workers requiring less than two years of work experience is severely backlogged. 

The DOL action lowering this occupation from Job Zone three to Job Zone two did not make any sense in that in reality the occupation had been taken a "shortage" occupation and the country needed foreign workers for this occupation very bad. Unlike fast food cook and American food cook, foreign food specialty cook even requires a special certification or license and years of formal training in the foreign countries for the foreign specialty food. The Job Zone 2 designation of the foreign food specialty cook with the assumption that even three months of preparation is acceptable indeed ignores the real world food service industry. In this regard, the DOL should also return this occupation back to Job Zone 3.

Now this conflict has been resolved by the DOL by changing the Job Zone for the Computer Systems Analyst back to Job Zone 4, recognize this occupation as a professional occupation in parallel with other computer software occupations. We welcome the DOL action.