Need help with a legal research experiment
April 9, 2017 8:26 AM Subscribe
Would you take one hour to write a memo answering the question below? You may use any source of information to which you have access. Ideally, you would find a statute or a Supreme Court case that answers the question (or that you can argue answers the question because it addresses a similar enough issue or a broader issue that this falls within. Be creative). But lower court decisions, regulations, or any other official text explaining what the agency is required to do or demands its people do is sufficient if nothing better is available. Snowflakes inside.
Please cite your sources. You can write it as you would a short college essay but just make sure to put enough information to quickly find what you are citing.
Case information:
Client recently filed a Labor Condition Application (LCA) to get an H1B visa for his employee whose previous visa (of another type) is expiring. The LCA was certified, but then Client realized that it would end up being useless because it was filed more than six months before the H1B could be issued. So he waited until an appropriate time and refiled the exact same LCA. This time, the Department of Labor (DOL) rejected it for having "obvious inaccuracies". There is no limit on how many LCAs may be filed for one employee, so that is not the source of the problem.
Client is correct that DOL is wrong to arbitrarily reject it. Write a memo to DOL explaining why.
There were no errors on the application. The client is still the same age. There is no reason it should have been rejected.
IKYANAL. Thanks in advance!
Please cite your sources. You can write it as you would a short college essay but just make sure to put enough information to quickly find what you are citing.
Case information:
Client recently filed a Labor Condition Application (LCA) to get an H1B visa for his employee whose previous visa (of another type) is expiring. The LCA was certified, but then Client realized that it would end up being useless because it was filed more than six months before the H1B could be issued. So he waited until an appropriate time and refiled the exact same LCA. This time, the Department of Labor (DOL) rejected it for having "obvious inaccuracies". There is no limit on how many LCAs may be filed for one employee, so that is not the source of the problem.
Client is correct that DOL is wrong to arbitrarily reject it. Write a memo to DOL explaining why.
There were no errors on the application. The client is still the same age. There is no reason it should have been rejected.
IKYANAL. Thanks in advance!
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