BALCA Provides Information About Proof of Additional Recruitment Steps

Recently, the Board of Alien Labor Certification Appeals (“BALCA”) considered whether dated screenshots and a CD with an audio recording of a radio advertisement constituted sufficient proof to establish that these additional recruitment steps occurred as part of the PERM process. In Matter of Waldorf School of Orange County, the employer submitted a labor certification… Continue reading BALCA Provides Information About Proof of Additional Recruitment Steps

BALCA Affirms Denial Where Employer Failed to Provide Evidence of Contact with U.S. Applicants

The Board of Alien Labor Certification Appeals (“BALCA”) recently considered whether an employer failed to comply with a request by the Department of Labor (“DOL”) when it only provided evidence of emails sent to eight of seventeen applicants for a position that was sponsored through PERM. In Matter of Accent-Media Productions, Inc., the employer submitted… Continue reading BALCA Affirms Denial Where Employer Failed to Provide Evidence of Contact with U.S. Applicants

BALCA Determines Presumption of Audit Notification Delivery by the DOL is Invalid

The Board of Alien Labor Certification Appeals (“BALCA”) recently considered whether the Department of Labor (“DOL”) is entitled to a presumption that its audit notification letters are delivered to employers and their agents. In Matter of DGN Technologies, Inc., the employer submitted a labor certification case for the position of “Programmer Analyst.” The case was… Continue reading BALCA Determines Presumption of Audit Notification Delivery by the DOL is Invalid

BALCA Determines that the Wage Listed on the Notice of Filing Must Match Wage Range on the 9089

The Board of Alien Labor Certification (“BALCA”) recently considered whether a wage range that is listed on the Form 9089 must match the wage listed on a notice of filing. In Matter of Doloma, Inc., the employer submitted a labor certification for the position of retail store manager. In the labor certification, it listed a… Continue reading BALCA Determines that the Wage Listed on the Notice of Filing Must Match Wage Range on the 9089

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

HR 3012 Lives ! Maybe ?

Several sources are reporting that Senators Grassley, Brown, and Schumer have reached a compromise that would eliminate the per country limitations for immigrant visas, create a special E3 visa for persons from Ireland, and require an annual DOL audit  of all employers with more than 100 employees and 15% H-1b holders. It would also eliminate the ability… Continue reading HR 3012 Lives ! Maybe ?