BALCA Overturns Denial Resulting from Inconsistencies in 9089 Instructions and Form

The Board of Alien Labor Certification Appeals (“BALCA”) recently determined that a typographical error resulting from inconsistencies between the labor certification form and its instructions could not serve as a basis for a denial. In Matter of UBS Securities LLC, the employer submitted a labor certification for a Director, Derivative Business Control Group. In the… Continue reading BALCA Overturns Denial Resulting from Inconsistencies in 9089 Instructions and Form

BALCA Affirms that Content Requirements of 20 C.F.R. § 656.17(f) Don’t Apply to Job Orders

The Board of Alien Labor Certification Appeals (“BALCA”) recently affirmed that the content requirements that are specified in the federal regulations for newspaper advertisements in 20 C.F.R. § 656.17(f) do not pertain to state workforce agency job orders. The employer submitted a labor certification for the position of “computer software engineers, systems software” and specified… Continue reading BALCA Affirms that Content Requirements of 20 C.F.R. § 656.17(f) Don’t Apply to Job Orders

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 Overturns Denial Where Mailed in ETA Form 9089 was Denied for Failure to Confirm Sponsorship

The Board of Alien Labor Certification Appeals (“BALCA”) recently overturned the denial of a labor certification case that was submitted through the mail on the basis that the employer’s signature on the labor certification established that it was sponsoring the foreign worker. In Matter of La Hacienda Meat Market, Inc., the employer submitted a labor… Continue reading BALCA Overturns Denial Where Mailed in ETA Form 9089 was Denied for Failure to Confirm Sponsorship

BALCA Upholds Denial Where Sponsored Employee Held an Ownership Interest in the Employer

The Board of Alien Labor Certification Appeals (“BALCA”) recently considered whether a fair labor market test occurred when an employee owned 50 percent of the sponsoring employer and usually made hiring decisions. In Matter of Step By Step Day Care, LLC, the employer sponsored the position of “Daycare Center Director” for Jennifer Colyer. The ETA… Continue reading BALCA Upholds Denial Where Sponsored Employee Held an Ownership Interest in the Employer

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

PERM SYSTEM PASSWORD CHANGE ALERT

On August 25, 2014, the Office of Foreign Labor Certification (OFLC) implemented new password requirements for enhanced security. As such, on or before November 23, 2014, all Permanent Case Management System (PERM) users will be required to change their existing passwords. In addition, PERM users will be required to change their passwords every 90 days.… Continue reading PERM SYSTEM PASSWORD CHANGE ALERT