The American Immigration Lawyers Association (“AILA”) recently meet with the Department of Labor’s Office of Foreign Labor Certification (“OFLC”) for its quarterly stakeholder meeting. In this meeting, the OFLC informed AILA that it had suspended denying cases on the basis that the recruitment stated that a “competitive salary” was offered or that salary “depends on… Continue reading DOL Halts PERM Denials Based upon “Competitive Salary”
Tag: PERM audits
BALCA Reverses Denial based on “Competitive Salary”
Many employers have been frustrated by the DOL’s decision to deny labor certifications where an employer used the language of “competitive salary” or “depends on experience” in portions of their recruitment. The Board of Alien Labor Certification Appeals (“BALCA”) provided a decision in Matter of TEK Services LLC that may assist employers in fighting against… Continue reading BALCA Reverses Denial based on “Competitive Salary”
BALCA Reverses Denial where Employer Failed to State Geographic Area of Employment on Website Posting
The Board of Alien Labor Certification Appeals (“BALCA”) recently considered whether a website advertisement that did not list the location of employment failed to apprise U.S. workers of the nature of the role. In Matter of VLS It Consulting, Inc., the employer submitted a labor certification for the position of “Computer Systems Manager/ Training Division… Continue reading BALCA Reverses Denial where Employer Failed to State Geographic Area of Employment on Website Posting
Search Results Page is Insufficient Documentation of a Website Posting
Recently, the Board of Alien Labor Certification Appeals (“BALCA’) considered whether a search results page could serve as alternative documentation to dated copies of the posting on the employer’s website. In Matter of Spring Branch Independent School District, the employer sponsored the position of “Elementary (Pre-K-5th grade) – Bilingual (Spanish) Teacher.” The case was audited… Continue reading Search Results Page is Insufficient Documentation of a Website Posting
BALCA Overturns Denial After Using a ‘Totality of the Circumstances’ Test
The Board of Alien Labor Certification Appeals (“BALCA”) recently overturned a denial after considering whether the employer had established by the totality of the circumstances that recruitment conducted for a position sponsored through labor certification demonstrated that the position had been open to U.S. workers. The employer sponsored the position of “Preschool Teacher” for labor… Continue reading BALCA Overturns Denial After Using a ‘Totality of the Circumstances’ Test
BALCA Determines Spelling Error in Employer’s Name in Job Order Did Not Discourage U.S. Workers
BALCA recently determined that a minor typographical error in the name of an employer on a state-workforce agency job order did not discourage U.S. workers from applying when the employer was known by a different trade name. The employer submitted a labor certification for the position of “Food Service Manager.” In the job order, the… Continue reading BALCA Determines Spelling Error in Employer’s Name in Job Order Did Not Discourage U.S. Workers
BALCA Affirms that 20 C.F.R. § 656.17(f)(6) Does Not Apply to Job Orders
BALCA recently upheld its previous decisions that found that 20 C.F.R. § 656.17(f)(6) does not apply to state workforce agency job orders. In Matter of Pinnacle Technical Resources, Inc., the employer submitted a labor certification for a “Technical Recruiter.” The labor certification specified that the position was responsible for a number of recruitment related activities,… Continue reading BALCA Affirms that 20 C.F.R. § 656.17(f)(6) Does Not Apply to Job Orders
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 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