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

PERM Denials Soar !

The DOL recently released FY2015 3rd Quarter data from its PERM program and the number of denials increased by over 100% when compared to 2nd Quarter. The stats revealed that denials have risen to over 11% of all applications and 22% of applications are currently under audit.

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 Denials Where Employers Failed to List Their Names on Notice of Filing

The Board of Alien Labor Certification Appeals (“BALCA”) recently issued an en banc decision that discussed whether an employer must include its name on the notice of filing. In this decision, BALCA considered two cases where employers failed to include their corporate names. Both cases were denied by the Certifying Officer. In response to the… Continue reading BALCA Upholds Denials Where Employers Failed to List Their Names on Notice of Filing

DOL Releases PERM data

Recently, the DOL released data on PERM applications processed in the 2nd Q of FY 2014 which ended March 31, 2014. Approximately 10% of applications filed are being denied and almost 30% of applications filed are currently under audit review. Interestingly, the number of new applications filed has dropped by over 10% from FY 2013.