HLG has received inside information that the USCIS may start to relax its interpretation of the Kellogg Language (i.e. “Any suitable combination of education, training or experience is acceptable”) and when it must be added to an application. A source of constant ambiguity, the addition or subtraction of this “magic language” from labor certification applications has consistently led to confusion and headache. According to the case, the Kellogg Language 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. Although this statement seems straightforward, its interpretation by the Dept. of Labor and USCIS have been varied to the point of inconsistency. Petitioners and Attorneys alike have the hope that one day this language and when it must be added will once and for all be decided, announced and followed by both the USCIS and Department of Labor when processing labor certification applications and I-140 petitions. We will keep you posted on this issue.