On May 7, 2012, the Board of Alien Labor Certification Appeals (“BALCA”) issued a decision in Matter of MMB Stucco, LLC. In this case, the sole principal of the employer sought to sponsor his brother for labor certification. The Certifying Officer (“CO”) denied this case because it determined that “when the employer is a closely… Continue reading BALCA discusses familial relationships between Alien and Employer
In a recent decisionby the Board of Alien Labor Certification Appeals (BALCA), the Court rejected an employers choice to publish the required newspaper ads in the Washington Examiner instead of the Washington Post. The BALCA decision makes clear that the newspaper chosen must be THE most appropriate newspaper in the area. The inference is clear, there is only one… Continue reading Choose the right newspaper for PERM advertising
The Board of Alien Labor Certification Appeals (“BALCA”) recently issued a decision in Matter of Alfonso’s Mexican Food. This case discusses the verification of sponsorship in labor certifications. The employer filed a labor certification for the position of “Cook” on July 23, 2010. The application was submitted through the mail and included an original signature… Continue reading BALCA Issues Decision on Verification of Sponsorship
The Board of Alien Labor Certification Appeals (“BALCA”) recently issued a decision on a case involving supervised recruitment. In Matter of JP Morgan Chase & Co, the employer was alerted that its labor certification application had been selected for supervised recruitment. The Certifying Officer (“CO”) sent the employer recruitment report instructions that noted that the… Continue reading BALCA Warns Employers to Strictly Follow the Instructions Received for Supervised Recruitment
On March 23, 2012, the Board of Alien Labor Certification Appeals (“BALCA”) issued a decision in Matter of World Agape Mission Church that discussed whether an employer’s name must be included in an advertisement listed by a private employment firm. The employer, World Agape Mission Church, had filed a PERM application for the position of… Continue reading BALCA Provides Guidance on PERM Recruitment Involving Private Employment Firms
Read the latest BALCA decision and then openly weep for the state of our employment based immigration system. In this case, the DOL Certifying Officer denied a PERM case on the basis that the ad language stated “may require employer-reimbursed travel” instead of “some positions may require travel” and determined that US workers could be confused by such language and… Continue reading Latest BALCA Decision on Requiring Travel
And you thought you got a denial on a PERM case for a crazy reason, check this out. In a recent decision that makes you shake your head, BALCA overturned the denial of a PERM application by the Certifying Office (CO). The Certifying Office had declared that it did not believe that the employer had a physical location… Continue reading Seriously ?!?!?!? A PERM denial for what ?
On May 25, 2011, The Bureau of Alien Labor Certification Appeals (BALCA), where most PERM cases go to die, finally issued a great decision that clarified a grey area! See Horizon Computer Services, Inc. (BALCA No. 2010-PER-00746). DOL recently began denying cases in which recruitment began before the validity of the PWD. DOL’s reading of… Continue reading BALCA Rules on Recruitment and PWD Validity
In a recent decision, BALCA, once again applied common sense and reason which, has not always been the case but certainly, seems to be a recent trend. In the most recent case, BALCA declared that if a PWD contains 2 wages, that the employer must proceed with the higher wage in its PERM case.
In two BALCA decisions released this week, the Board overturned denials of PERM cases and ordered the Certifying Officer to re-consider, basing both decisions on the doctrine of fundamental fairness. One of the cases involved the area of intended employment. In that case, the job offer listed the geographic location in the ETA 9089 as Spartanburg, SC however, the Job… Continue reading BALCA says play fair !