Inexperienced Attorney

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GCARD_SEEKER

Registered Users (C)
I know very little about LC process. Am looking for expert advise.

I work for a Fortune 100 company. Company is about to process my GC thru their Law Firm they work with. The attorney my case has been assigned to doesn't seem to possess lot of experiencing in preparing LC Draft.

How important is a good LC draft or does DOL approve LC based on Company's strength.

Thanks for your response in advance.

GCARD_SEEKER
 
I am not sure what you mean by LC draft but for approval, the employer should show patterns of prior recruitment efforts that clearly show non availability of US employees qualified to do the job.
 
A bad LC is FATAL. I've seen attorneys draft job requirements that the candidate did not possess. The really bad thing about this is that sometimes the LC is approved. The company then files an I-140 and after a few months they get an RFE that looks like one of the following:

1. You have listed that the position requires a Bachelors Degree and five years progressive experience. The beneficiary has only 4 years and 7 months experience. Therefore, the Beneficiary is NOT qualified for the position as stated.

2. You have listed that the position requires a Bachelors Degree and three years. Although the beneficiary has the requisite experience, the Benficiary's does not appear to have the educational equivalent of a United States Bachelors Degree as the Beneficiary's Bachelor of Science Degree from India is only a three year degree. Please be advised that since you did not allow for education to be used in lieu of experience on the Labor Certification, the Beneficiary must show that he has the equivalent of a four year bachelors degree using EDUCATION ONLY. Therefore, the Beneficiary is NOT qualified for the position as stated.

The above are loosely written and are just to give you an idea of what you are up against. The bad thing is you may not get an RFE or Notice of Intent to Deny like this for 3 years in some states and then you have wasted years of processing time.
 
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