BALCA Affirms that Travel Language Must be Included in Advertisements

The Board of Alien Labor Certification Appeals (“BALCA”) has historically determined that employers must indicate in advertisements that travel is expected when a sponsored position has a travel requirement. In Matter of IT Works International, Inc., BALCA upheld this precedent. In this case, the employer submitted a labor certification on behalf of a “Sales Manager… Continue reading BALCA Affirms that Travel Language Must be Included in Advertisements

BALCA Notes Timing Inconsistency in 20 C.F.R. § 656.17(e)(2)

The Board of Alien Labor Certification Appeals (“BALCA”) recently reviewed timing inconsistencies that are listed in the federal regulations that govern the recruitment validity periods for labor certifications. The employer submitted a labor certification for a “Stonemason.” The Form 9089 was mailed to the Department of Labor on September 11, 2009 and received by this… Continue reading BALCA Notes Timing Inconsistency in 20 C.F.R. § 656.17(e)(2)

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

Notice of Filing Is Not Required to List Every Job Duty and Requirement

The Board of Alien Labor Certification Appeals (“BALCA”) recently determined that the notice of filing that must be posted before a labor certification is eligible to be filed is not required to list every job duty and requirement of a position that is being sponsored. In Matter of Eteam, Inc., the employer sponsored the position… Continue reading Notice of Filing Is Not Required to List Every Job Duty and Requirement

BALCA Affirms that Additional Recruitment Steps May Be ‘Broadly Worded”

The Board of Alien Labor Certification Appeals (“BALCA”) recently considered whether advertisements that constitute part of the additional recruitment steps for a labor certification case must identify the job location. In Matter of Screen Printers Resource, Inc., the employer submitted a labor certification for the position of “International Sales and Service Business Development.” The case… Continue reading BALCA Affirms that Additional Recruitment Steps May Be ‘Broadly Worded”

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 Reverses Denial Based Upon Failure to Include Travel Requirements in Job Order and Job Search Website

The Board of Alien Labor Certification Appeals (“BALCA”) recently issued a decision in Matter of First Tek Technologies, Inc. that reiterated that job orders and advertisements conducted to fulfill the additional recruitment steps for a labor certification case are not subject to the advertisement content requirements specified in 20 C.F.R. § 656.17(f). The employer filed… Continue reading BALCA Reverses Denial Based Upon Failure to Include Travel Requirements in Job Order and Job Search Website

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 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

BALCA Affirms Denial Where the Employer Made a Clerical Error in the Prevailing Wage Validity Period

In Matter of Simona Luca Vricella, the Board of Alien Labor Certification Appeals (“BALCA”) continued its trend of upholding denials in cases where a clerical error occurred in drafting the ETA 9089. In this case, the employer submitted a labor certification on behalf of a “Houseworker, General, Live-In.” In the labor certification, the employer listed… Continue reading BALCA Affirms Denial Where the Employer Made a Clerical Error in the Prevailing Wage Validity Period

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