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My employer recently decided to start my GC process and were in the process of filing for my Labor. Yesterday I found out that the labor market test failed for my case. I have 1.5 years left on my work visa, so my attorney mentioned they will reinitiate the process immediately and try another round of recruitment. However, she also said they don't like doing this over and over, and per the company policy, they don't like doing it more than twice, so I really need to get it right this time around. Is there any limit legally to the number of times you can do a labor market test for an individual?
The attorney wants me to work with my manager and redo the job description for the job posting to better accurately describe my the job duties and skill set required for the position so that we have a better chance for success next time.
Also my attorney insists on getting reference letters from my previous employers that verify each of the skills that we are putting in the job description for the Labor certification. It was very difficult to get them the first time itself, now it will be much harder and I am not even sure my previous employers will agree to give the letters again. Is this a common practice to ask for reference letters from previous employers or is my attorney being too conservative and playing it very safe? I don't think I have heard any of my friends having to get reference letters from previous employers.
Also does anybody really fail the labor market test? I don't think it is a common occurrence and I just feel unlucky. What are some things that can help pass the labor market test successfully? Any suggestions will be very helpful.
Thanks!
The attorney wants me to work with my manager and redo the job description for the job posting to better accurately describe my the job duties and skill set required for the position so that we have a better chance for success next time.
Also my attorney insists on getting reference letters from my previous employers that verify each of the skills that we are putting in the job description for the Labor certification. It was very difficult to get them the first time itself, now it will be much harder and I am not even sure my previous employers will agree to give the letters again. Is this a common practice to ask for reference letters from previous employers or is my attorney being too conservative and playing it very safe? I don't think I have heard any of my friends having to get reference letters from previous employers.
Also does anybody really fail the labor market test? I don't think it is a common occurrence and I just feel unlucky. What are some things that can help pass the labor market test successfully? Any suggestions will be very helpful.
Thanks!
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