Avoid These Top Mistakes in Employment-Based Practice


By Imagility

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Immigration law can be complicated, especially when dealing with employment-based petitions. Even experienced lawyers can make mistakes. In this blog, we’ll look at some common errors to avoid in employment-based practice for 2024.

Inaccurate or Incomplete Documentation

Filing forms with inaccurate supporting documents or submitting an incomplete form can cause delays and denials or result in Requests for Evidence (RFEs). It is mandatory to ensure all required documents are present, accurate, and meet USCIS (U.S. Citizenship and Immigration Services) specifications. Before submitting a petition, practitioners must double-check for typos, missing information, and outdated documents.

Imagility’s Solution: Imagility’s platform offers comprehensive document checklists and validation tools to ensure all required documents are complete and accurate, reducing the risk of errors and omissions.

Incorrect Selection of Visa Category

Choosing the wrong visa category can lead to case rejection or costly amendments. Practitioners must analyze the client’s situation thoroughly to identify the most appropriate visa type based on job requirements and qualifications to avoid complications.

Imagility’s Solution: Imagility provides templatized sub-tasks for each visa category, offering guided petition building workflow with recommendations for each step. The platform also includes a context menu using which you can access relevant information and resources.

Labor Certification Process

For certain employment-based visas, a labor certification is necessary. Ensure the labor market test is conducted correctly and documented accurately. This demonstrates a bona fide job offer and that it has no negative impact on U.S. workers.

Imagility’s Solution: Imagility streamlines the labor certification process by offering step-by-step guidance, documentation templates, and tracking tools to ensure compliance and thorough documentation.

Lack of Communication with Clients

It is crucial to maintain clear and consistent communication with your clients throughout the process. Keep them informed of the progress, potential delays, and any required actions to avoid misunderstandings and dissatisfaction. Make sure you address their questions promptly and alleviate anxieties to ensure a positive client experience.

Imagility’s Solution: Imagility includes communication features such as client portals, automated updates, and messaging systems to keep clients informed and engaged throughout their cases.

Failing to Meet Filing Deadlines

Strict deadlines apply to various filings. Missing deadlines can cause delays, additional fees, or even case rejection. You will be able to stay on track by implementing a system for tracking deadlines and ensuring timely submissions.

Imagility’s Solution: Imagility’s platform includes deadline tracking and automated reminders to ensure timely submissions and reduce the risk of missed deadlines.

Not Considering Future Immigration Plans

Employment-based immigration provides various visa options for different situations and goals. A common mistake employment-based practitioners make is missing alternative visas that might be better for clients. Practitioners should look at all possible visa options, including less common ones, to find the best immigration strategy for their clients.

Imagility’s Solution: Imagility offers strategic planning tools to help you consider your client’s long-term immigration goals and how current applications can align with future plans for permanent residency.

Ignoring Updates and Changes in Immigration Laws

Immigration laws and procedures are constantly evolving. Failing to stay updated on these changes can have serious consequences for practitioners and their clients. Stay updated on USCIS regulations, policy updates, and relevant case decisions to ensure compliance with current requirements.

Imagility’s Solution: Imagility provides real-time updates on immigration laws and USCIS policy changes, helping you stay informed and compliant with the latest regulations.

Neglecting Security and Data Protection

Immigration processes involve sensitive client information. Implement robust security protocols to safeguard client data from unauthorized access or breaches.

Imagility’s Solution: Imagility offers robust security features, including encryption, secure access controls, and regular security audits to protect sensitive client information.

Underestimating the Importance of Technology

Many employment-based practitioners stick to traditional methods. They fail to understand the fact that utilizing technology can streamline their practice and enhance efficiency. Explore tools like Imagility, which can automate tasks, manage deadlines, and facilitate secure document sharing.

Imagility’s Solution: Imagility’s all-in-one platform automates routine tasks, manages deadlines, and facilitates secure document sharing, enhancing overall efficiency and accuracy in your practice.

The Final Word

By avoiding these common mistakes, attorneys can improve their success rate in employment-based immigration cases, minimize frustration for their clients, and build a strong reputation in this dynamic legal field. Additionally, by switching to Imagility, they can be assured that they stay on track and avoid almost all the above-mentioned mistakes.

If you’d like to know how Imagility works, reach out to us for a demo today at sales@imagility.co or call us at +1 603 782 4622/+1 617 865 6588.

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