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 Online Header in Advertisement Was Not Controlled by Employer

The Board of Alien Labor Certification Appeals (“BALCA”) recently considered Matter of SDG Post Oak, LP. In this case, the employer sponsored the position of a “Line Cook.” The case was selected for supervised recruitment and the Department of Labor (“DOL”) instructed the employer to post the position through the Beaumont Enterprise’s Hotjobs / monster.com… Continue reading BALCA Determines that Online Header in Advertisement Was Not Controlled by Employer

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

Job Ads Don’t Need To Be In Largest Newspaper

The Board of Alien Labor Certification Appeals (BALCA) reversed the denial of permanent labor certification for a Director of Operations filed by Pentair Technical Products, finding that the certifying officer erred in finding the employer failed to advertise the job opportunity in the area of intended employment. Pentair’s petition was originally denied certification on the… Continue reading Job Ads Don’t Need To Be In Largest Newspaper

BALCA Determines that Handwritten Date is Permissible in Website Postings

The Board of Alien Labor Certification Appeals (“BALCA”) recently considered whether handwritten dates on website postings that are completed as part of the recruitment for a labor certification case are permissible. In Matter of DGN Technologies Inc., the employer’s labor certification case was selected for audit and the employer provided evidence that it had posted… Continue reading BALCA Determines that Handwritten Date is Permissible in Website Postings

BALCA Determines that Lack of Experience is a Lawful Job Related Reason to Reject U.S. Workers

Recently, the Board of Alien Labor Certification Appeals (“BALCA”) issued a decision that considered what type of evidence is needed to demonstrate that a U.S. worker is not qualified for a position being sponsored through labor certification. In Matter of Presto Absorbent Products, Inc., the employer had sponsored the position of “Engineering Manager.” The case… Continue reading BALCA Determines that Lack of Experience is a Lawful Job Related Reason to Reject U.S. Workers

BALCA Determines that Additional Recruitment Steps are not Bound by the Content Requirements of the Mandatory Recruitment Steps

The Board of Alien Labor Certification Appeals (“BALCA”) recently issued a decision in which it considered whether the additional recruitment steps that are completed as part of a PERM recruitment effort must meet the content requirements that are imposed on the mandatory recruitment steps. In Matter of Computer Sciences Corporation, the employer submitted a labor… Continue reading BALCA Determines that Additional Recruitment Steps are not Bound by the Content Requirements of the Mandatory Recruitment Steps

BALCA Upholds Denial of Labor Certifications Where Employer Failed to Provide a Signed Recruitment Report

In Matter of New York City Department of Education, the Board of Alien Labor Certification Appeals (“BALCA”) considered whether a typewritten name could represent an electronic signature. The employer submitted labor certifications for the positions of “Students with Disabilities (Special Education) Teacher.” The cases were audited and the employer provided a recruitment report with the… Continue reading BALCA Upholds Denial of Labor Certifications Where Employer Failed to Provide a Signed Recruitment Report

BALCA Discusses What Terms and Conditions of Employment Must be Listed in Recruitment Materials

At the end of 2014, the Board of Alien Labor Certification Appeals (“BALCA”) considered what employee benefits might be considered a “term and condition” of employment that should be listed in an advertisement that is placed as part of a recruitment effort. In Matter of Needham-Betz Thoroughbreds, Inc., the employer submitted a labor certification for… Continue reading BALCA Discusses What Terms and Conditions of Employment Must be Listed in Recruitment Materials

Choose the right newspaper for PERM advertising

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