BALCA Clarifies How an Employer Can Satisfy its Obligation Regarding Possible On-the-Job Training

The Board of Alien Labor Certification Appeals (“BALCA”) recently suggested how an employer may demonstrate that on-the-job training is necessary for a position. In Microsoft Corp, 2014-PER-00615 (February 25, 2019) the employer rejected an applicant after an interview, finding the applicant was not sufficiently familiar with Scripting, C++, HTML, and Window as required. The Board… Continue reading BALCA Clarifies How an Employer Can Satisfy its Obligation Regarding Possible On-the-Job Training

BALCA Upholds Denial where Employer Failed to Interview a Potentially Qualifying U.S. Applicant

The Board of Alien Labor Certification Appeals (“BALCA”) recently considered whether an employer should interview an applicant during the recruitment process in The Bank of Tokyo-Mitsubishi UFJ, LTD. In this case, the Employer filed an Application for Permanent Employment Certification (“ETA From 9089”) for the role of “Analyst/Systems Specialist-Systems Office for the Americas.” The case… Continue reading BALCA Upholds Denial where Employer Failed to Interview a Potentially Qualifying U.S. Applicant

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.