LC rejection question

msdms

Registered Users (C)
Can a LC applied in any category (EB2, EB3) and non-RIR be ever denied based on market condition (high unemployment in the IT industry)

Assumptions:
- I meet the minimum education qualification
- have the needed work experience.
- all paper work sent by my attorneys is correct and accurate.
 
I'm not entirely sure I understand the question but if a qualified US worker applies for the position and is not offered the job that would be grounds for denial.
 
msdms,

I think, u'r missing a point here, dude (or dudette). Once SESA gets it busy hands on your ETA750, all they will say (assuming all papers in order and CO didn't engage himself in the fight with his beloved wife that morning) "Okey-dokey, guys, go on with recruitiment" and then your company will have to truthfully try and find a matching citizen (plus, job description will be included in DOL job bank).

The diff? non-RIR recruitement takes about a month (not 6) and DOL is usually more tolerant to immies (escpecially IT-s, brrrr) that don't try to cut into the line with RIR.

The best part is that, if God forbid, there is a sizable number of responces to your recruitement process (and the size of a sizeble number sizebly depends on CO), your application might not get an LPR (which, of course, stands for Limited Review Process) after all. What this means is that SESA basicalle washes it's busy hands off your case and tosses it to the Regional DOL. From that point on, your GC process is solely owned by Reg. DOL. Sadly, experince has shown that the best course of action the Reg. DOL takes under those circumstances - is NOF. So, some layers (rightfully) suggest to withdraw the case and try again in six month (assuming u'r not kicked out from your job or US).
 
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msdms,

Can a LC applied in any category (EB2, EB3) and non-RIR be ever denied based on market condition (high unemployment in the IT industry)


YES............
Your assumptions are secondary issues. Availability of qualified US worker is the primary criteria (or one can say non-availability to get LC approved). If there is a high unemployment rate in a given profession, chances are more to find a qualified US worker.
 
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