BALCA Clarifies How Employers May Use One Advertisement to Support Multiple Labor Certification Applications

In a recent case, the Board of Alien Labor Certification Appeals (“BALCA”) revealed the potential problems of using one advertisement to support multiple applications and how employers may avoid these potential issues. In Capgemini America Inc., 2013-PER-02219 (May 29, 2019) the employer submitted an Application for Permanent Employment Certification (“Form 9098”) for the position of… Continue reading BALCA Clarifies How Employers May Use One Advertisement to Support Multiple Labor Certification Applications

Social Security Number No-Match Letters Return

This spring, the Social Security Administration (“SSA”) has begun sending “Employment Correction Request Notices,” or no-match letters, to all employers with at least one W-2 form in which an employee’s name and Social Security number (“SSN”) does not match their records. Employers who receive such letters should not use the letters as reason to take… Continue reading Social Security Number No-Match Letters Return

BALCA Clarifies How an Employer Can Satisfy its Obligation Regarding Possible On-the-Job Training

The Board of Alien Labor Certification Appeals (“BALCA”) recently suggested how an employer may demonstrate that on-the-job training is necessary for a position. In Microsoft Corp, 2014-PER-00615 (February 25, 2019) the employer rejected an applicant after an interview, finding the applicant was not sufficiently familiar with Scripting, C++, HTML, and Window as required. The Board… Continue reading BALCA Clarifies How an Employer Can Satisfy its Obligation Regarding Possible On-the-Job Training

U.S. Embassy in Israel soon accepting E-2 Visa Applications

The U.S. Embassy in Israel recently announced that a treaty investor agreement (E-2 Visa) has been signed between the United States and Israel. Beginning May 1, 2019, the U.S. Embassy in Israel will accept E-2 investor visa applications. The E-2 visa is a temporary (nonimmigrant) visa that can be used to develop, direct, or provide… Continue reading U.S. Embassy in Israel soon accepting E-2 Visa Applications

BALCA Upholds Denial where Employer Failed to Interview a Potentially Qualifying U.S. Applicant

The Board of Alien Labor Certification Appeals (“BALCA”) recently considered whether an employer should interview an applicant during the recruitment process in The Bank of Tokyo-Mitsubishi UFJ, LTD. In this case, the Employer filed an Application for Permanent Employment Certification (“ETA From 9089”) for the role of “Analyst/Systems Specialist-Systems Office for the Americas.” The case… Continue reading BALCA Upholds Denial where Employer Failed to Interview a Potentially Qualifying U.S. Applicant

PERM Modernization Rule Discarded

On December 19th, the Office of Foreign Labor Certification (“OFLC”) posted a FAQ that stated that it has withdrawn the PERM modernization rule that had been submitted to the Office of Management and Budget. No details were provided about why this rule was withdrawn. However, OFLC has confirmed that it is dedicated to streamlining and… Continue reading PERM Modernization Rule Discarded

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… Continue reading DOL Halts PERM Denials Based upon “Competitive Salary”

BALCA Reverses Denial based on “Competitive Salary”

Many employers have been frustrated by the DOL’s decision to deny labor certifications where an employer used the language of “competitive salary” or “depends on experience” in portions of their recruitment. The Board of Alien Labor Certification Appeals (“BALCA”) provided a decision in Matter of TEK Services LLC that may assist employers in fighting against… Continue reading BALCA Reverses Denial based on “Competitive Salary”

DOL Issues Guidance on Recruitment Reports

The Department of Labor (“DOL”) recently released a FAQ on the information that should be included in recruitment reports. Recruitment reports are required to be prepared as part of the process of preparing a labor certification to be filed. The DOL specified that a recruitment report must include: (1) the total number of U.S. applicants… Continue reading DOL Issues Guidance on Recruitment Reports

BALCA Reverses Denial where Employer Failed to State Geographic Area of Employment on Website Posting

The Board of Alien Labor Certification Appeals (“BALCA”) recently considered whether a website advertisement that did not list the location of employment failed to apprise U.S. workers of the nature of the role. In Matter of VLS It Consulting, Inc., the employer submitted a labor certification for the position of “Computer Systems Manager/ Training Division… Continue reading BALCA Reverses Denial where Employer Failed to State Geographic Area of Employment on Website Posting

Search Results Page is Insufficient Documentation of a Website Posting

Recently, the Board of Alien Labor Certification Appeals (“BALCA’) considered whether a search results page could serve as alternative documentation to dated copies of the posting on the employer’s website. In Matter of Spring Branch Independent School District, the employer sponsored the position of “Elementary (Pre-K-5th grade) – Bilingual (Spanish) Teacher.” The case was audited… Continue reading Search Results Page is Insufficient Documentation of a Website Posting