the perm application was denied for this acupuncturist because the Department of
Labor's internal system had a glitch that shut down we filed a motion to reconsider
saying that it's their technical issues we're not going to blame them we're not going to sue
them but please approve this perm application the client has been waiting for years he is
this health professional acupuncturist but alas the motion to reconsider was denied as
well luckily we filed a new prevailing wage way back in the day and now we're able to
utilize it and get this case approved that 140 was filed and within 10 days the entire
case was approved this is an acupuncture eb2 success story let me walk you through
step by step exactly what happened and what you can learn from it let's go thank you
hi everyone my name is Joseph I'm the managing partner here at John Associates where we solve
legal problems with Creative Solutions so the legal problem in this case is that the client
who is on an H1B Visa as an acupuncturist here in the U.S wants to get a green card
through the employer he's a good acupuncturist he works really hard he has a master's degree so
we prepared the eb2 application we filed it back in 2021 everything was going very very smoothly
the Waze determination the labor certification the advertisement there just wasn't that many
acupuncturist that was applying for the job so he was able to get it we filed the certification
there was an audit and we responded to the audit but the Department of Labor had a major glitch
back in April 2021 I believe the entire system was shut down we couldn't upload what we needed
to upload and then the case was denied what do you do you could start all over again or you
could file a motion to reconsider for the um for Department Labor to recognize the glitch
that they had internally and then to approve the case we've done it before so that's what we did
but we didn't want to just wait for the motion to reconsider because that could take six months or
longer so we just redid the wage determination we did the ads and redid the recruitment we prepared
to respond to an audit because we got the audit the first time and we did a motion reconsider
and it was denied so we think of course where can I get an audit but we didn't get it it was
just immediately approved and then once it was approved we immediately filed the i-140 for the
eb2 acupuncturist and then within 10 days the i-140 was approved the problem in this case
really is just things happen the Ad Agency prints the wrong ad the wrong job description Department
Labor in this case their system crashed they're revamping the system that we learned about in Ayla
and so you couldn't upload certain documents so the audit was denied but you can can't lose heart
and you need to keep on pressing on and you need to have a plan A and A Plan B right and a plan C I
think that's the biggest difference between doing it by yourself versus doing it with a team when
you're doing things with a team you have a lot more band power and you could do backups you know
when you're by yourself and you're doing it for the company or a lot of times companies just have
the employee do everything which is illegal by the way but have the HR department do it and it's
just so much work and such a long period And if you have one mess up it delays everything by a
few years if you file a labor certification and then there's an audit and you withdraw
you're blacklisted like you are not permitted to file again without being audited again so
anytime somebody's been audited once it's almost guaranteed that you'll be audited it doesn't
matter if you change to different firms it's not the firm it's not the lawyers that are doing it
it's your own company that's been blacklisted and that's why there's a whole other situation
so we were extremely surprised that after having an audit and having a denial of the audit that the
second application we filed was just immediately approved and then once we file with i-140 with
USCIS which is another government agency again everything was approved within 10 days props to
Grace's team that push through all of this when everything just happened she was like should
we file second wage termination just in case I'm like of course go for it right that's there's no
that's a no-brainer we should always have a plan B going on a lot of times when we're going through
these different cases and like how can we have an rfe checklist and an rfe brief I don't remember
getting a request for evidence for this case and the answer is yeah we did it but after we filed
the case we just assume the government's going to challenge it and so we can start preparing first
and so that's what we did for this case we filed the backup and it worked right and so many times
we don't end up using what what the the extra brief or the extra checklist that we prepared but
we just sleep so much better knowing something is already prepared there and there is already a plan
B even a plan C for the plan B if you have any questions about eb2 or eb3 perm applications labor
certifications feel free to reach out this is much more than just a good argument a good story
um they uh there's so much organization so many agencies involved and it's easy
to feel overwhelmed and it's easy to be impatient because the process takes years nothing feels so
long right you can make a baby in my nine months how can it take so much half a decade or longer
to get a green card but in this case it is and um and some things can go wrong and so you definitely
want to have good backups in place if you have any questions feel free to reach out take care bye