The Board of Alien Labor Certification Appeals (“BALCA”) recently considered whether the failure to include the name of the employer on a notice of filing is fatal to a PERM application. In Matter of G.O.T. Supply, Inc., the employer submitted an Application for Permanent Employment Certification for the position of “Welder-Fitter.” The case was selected… Continue reading BALCA Affirms Denial Where Employer Failed to Include its Name on the Notice of Filing
The DOL has released final data for FY 2015 for the PERM program. Almost 70% of applications were filed for IT and engineering positions and almost half of all filings required an advanced degree. The approval rate for cases adjudicated was over 90%. The data and processing times suggest a backlog is forming as they… Continue reading DOL releases PERM data
The Board of Alien Labor Certification Appeals (“BALCA”) recently considered when the validity period of an ongoing employee referral program begins. In Matter of Mphasis Corporation (successor in interest to AIG Systems Solutions Private Limited), BALCA reviewed a case that was denied on the basis that the recruitment conducted by the employer for the position… Continue reading BALCA Determines that Employee Referral Program Begins When Employees are Alerted to the Vacancy
A $2.5 million dollar settlement was reached between the U.S. Immigration and Customs Enforcement (ICE) and Broetje Orchards, LLC for violations of the Immigration Reform and Control Act of 1996 (IRCA). The multimillion dollar settlement was a result of ICE’s findings during an I-9 audit performed by ICE”s Homeland Security Investigations (HIS) last summer. Specifically,… Continue reading ICE FINES WASHINGTON APPLE ORCHARD MILLIONS FOR i-9 VIOLATIONS
The Office of the Chief Administrative Hearing Officer (OCAHO) reduced the penalty for Liberty Packaging, Inc. after finding that although backdating I-9 forms is a serious violation, Liberty Packaging Inc. (Liberty) is a small employer with no history of previous violations and the unauthorized status of the five individuals listed in the NSD was not… Continue reading OCAHO Reduces Fines Notwithstanding Backdating of Forms I-9
Recently, the DOL released 3rd Quarter data from the PERM program. The denial percentage remained steady at just over 7% but, the number of approvals dropped by almost 30% and the number of new cases filed, dropped by 7%. Almost 30% of cases pending are in audit review.
Golf International DBA Desert Canyon Golf, an E-Verify employer, was found liable for 129 Form I-9 violations by the Office of the Chief Administrative Hearing Office (OCAHO). This included 125 violations consisting of failure to ensure that employees properly completed Section 1 of Form I-9 and/or failure to properly completing Section of Form I-9 and… Continue reading E-Verify Employer Found Liable for 129 Form I-9 Violations
Based upon information obtained from the recently filed lawsuit, Fragomen vs. Chao (DOL) it is expected by many experts, that PERM cases facing an audit by the DOL will be delayed by over 1 year as the DOL attempts to follow through on its promise to audit all PERM applications filed by Fragomen. For all of… Continue reading PERM cases to be delayed by 1 year ????
The DOL announced today that all of the PERM filings made by the national law firm Fragomen will be subject to audit due to claims of the law firm being improperly involved in the rejection of U.S. workers. Given the vague nature of the regulation in question, this action could prove to be enlightening and… Continue reading National Immigration Law Firm To Be Audited by the DOL