Green card labor certification - labor market test failed. What now?


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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.

The attorney wants me to work with my manager and redo the job description for the job posting. But the problem is, the first job ad pretty accurately described my job duties and my manger will not agree to just make up something just to better my chances as it is a large publicly traded company and they follow all rules to the 'T'. Honestly I am not sure what changes we can make to the job description.

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. Since I have no idea what went wrong the first time, is there any way I can control it this time? Any suggestions will be very helpful.

Thanks!

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