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

BALCA Affirms Denial Where Employer Failed to Provide Evidence of Contact with U.S. Applicants

The Board of Alien Labor Certification Appeals (“BALCA”) recently considered whether an employer failed to comply with a request by the Department of Labor (“DOL”) when it only provided evidence of emails sent to eight of seventeen applicants for a position that was sponsored through PERM. In Matter of Accent-Media Productions, Inc., the employer submitted… Continue reading BALCA Affirms Denial Where Employer Failed to Provide Evidence of Contact with U.S. Applicants

BALCA Determines Presumption of Audit Notification Delivery by the DOL is Invalid

The Board of Alien Labor Certification Appeals (“BALCA”) recently considered whether the Department of Labor (“DOL”) is entitled to a presumption that its audit notification letters are delivered to employers and their agents. In Matter of DGN Technologies, Inc., the employer submitted a labor certification case for the position of “Programmer Analyst.” The case was… Continue reading BALCA Determines Presumption of Audit Notification Delivery by the DOL is Invalid

BALCA Determines that State Workforce Agency “Matches” are not Applicants for the PERM Process

The Board of Alien Labor Certification Appeals (“BALCA”) recently considered whether candidates that a state workforce agency matched to an open position must be considered applicants for purposes of preparing a recruitment report as part of the PERM process. In Matter of Lakha Enterprises, Inc., the employer submitted a labor certification case for the position… Continue reading BALCA Determines that State Workforce Agency “Matches” are not Applicants for the PERM Process

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