BALCA Affirms Denial Where Employer Failed to Include its Name on the Notice of Filing

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

JOINT GUIDANCE ISSUED FOR EMPLOYERS CONDUCTING I-9 INTERNAL AUDITS

The U.S. Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) and the U.S. Immigration and Customs Enforcement (ICE) have issued joint guidance intended to help employers properly perform internal Form I-9 audits. While this guidance provides helpful tips aimed at avoiding discrimination in the internal audit process, following this guidance… Continue reading JOINT GUIDANCE ISSUED FOR EMPLOYERS CONDUCTING I-9 INTERNAL AUDITS

BALCA Determines that Employee Referral Program Begins When Employees are Alerted to the Vacancy

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

$7 million reasons to comply

ICE recently provided some updated data regarding I-9 audits and recents fines against U.S. businesses. 4,000 business have been subject to I-9 investigations since FY 2009 with over $7 million in fines being levied. If you have not audited your I-9 records lately, it may be a good item to add to your task list.… Continue reading $7 million reasons to comply