Successful Appeal of a Denial for a Labor Cert after an Audit
N/AOUTCOME: Client is on his way to receiving his Green Card.
We were smoothly handling an EB-2 case for our client: we had received the Labor Certification and were getting ready to file for his Green Card when we were notified that his case was selected for an ... audit. After replying to the audit, they sent us a Notice of Intent to Deny and revoke the previously approved Labor Cert. The reason for the intent to deny was a rather technical one. However, we were able to prevail with the Department of Labor and show them how our client followed the spirit of the law and really had no viable option to act differently in regards to the advertising he did for the position. We prevailed, and the intent to deny was rescinded.
