DOJ vs. Facebook

Recently, the DOJ has filed a lawsuit against Facebook over its PERM program. At its core, the complaint alleges that Facebook did not advertise as effectively or recruit as aggressively for its positions associated with PERM applications as it did for other openings. An excerpt from the press release is telling: “In its investigation, the… Continue reading DOJ vs. Facebook

DOL releases PERM data

The DOL recently released FY 2017 2nd Q PERM data. Note that the denial rate has increased slightly and over 25% of cases are either under audit or appeal.

PERM Modernization Rule Discarded

On December 19th, the Office of Foreign Labor Certification (“OFLC”) posted a FAQ that stated that it has withdrawn the PERM modernization rule that had been submitted to the Office of Management and Budget. No details were provided about why this rule was withdrawn. However, OFLC has confirmed that it is dedicated to streamlining and… Continue reading PERM Modernization Rule Discarded

DOL Halts PERM Denials Based upon “Competitive Salary”

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”

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”

Don’t take a chance when filing a PERM case.

The Board of Alien Labor Certification Appeals (BALCA) recently ordered a PERM Labor Certification application to be certified following the Certifying Officer’s denial due to a salary range mismatch between the PERM application and the Notice of Filing. In re Institute for Environmental Health, Inc., 2013-PERM-01963 (BALCA 2016) involved the classic PERM situation where a… Continue reading Don’t take a chance when filing a PERM case.

DOL Issues Guidance on Recruitment Reports

The Department of Labor (“DOL”) recently released a FAQ on the information that should be included in recruitment reports. Recruitment reports are required to be prepared as part of the process of preparing a labor certification to be filed. The DOL specified that a recruitment report must include: (1) the total number of U.S. applicants… Continue reading DOL Issues Guidance on Recruitment Reports

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