Immigration Malpractice Suit
Location: Chicago
Hello,
Reviewing the forms, we saw our law office put in code SOC 11-3012(a professional code), then they checked the box for non-professional and checked all the N/A boxes. This created an automatic denial as it was done incorrectly. This cost us 3 years of waiting, fees, and costs. We are unsure what to do. The office, is maintaining no wrongdoing despite how obvious it is. This gives us no chance of appeal because BALCA doesnt allow for this type of editing in an appeal.
I believe we have a malpractice suit and are trying to understand how we should pursue. We received a green card denial as listed below:
"The Form ETA-9089 indicates the application is not for a professional occupation. Specifically, the employer indicated in Section H.b that the application is not for a professional occupation. However, the SOC/O*NET OES Code of 11-3012 for Administrative Services Managers is considered a professional occupation given that it is listed in Appendix A to the Preamble-Professional Recruitment Occupations. Since the employer indicates the application is not for a professional occupation, which is listed on Appendix A, the application is denied."
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