DOL Halts PERM Denials Based upon “Competitive Salary”

The American Immigration Lawyers Association (“AILA”) recently meet with the Department of Labor’s Office of Foreign Labor Certification (“OFLC”) for its quarterly stakeholder meeting. In this meeting, the OFLC informed AILA that it had suspended denying cases on the basis that the recruitment stated that a “competitive salary” was offered or that salary “depends on experience.” This decision was based upon the Board of Alien Labor Certification Appeal’s (“BALCA”) recent findings in Matter of TekServices, which found these denials to be unsupported under the law. The Hammond Law Group hopes that BALCA is able to quickly overturn the denials that were made on this particular issue.

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