Posted on February 1, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BALCA held that an American Competitiveness and Workforce Improvement Act (ACWIA) wage for an institution of higher education may sample only other institutions of higher education pursuant to the regulations. Accordingly, BALCA overruled the prevailing wage determination (PWD) made by the Center Director (CD) and remanded, finding that the CD’s insistence that the employer provide a survey that sampled each type of ACWIA entity constituted an abuse of discretion.
BALCA meaning
Board of alien labor certification appeals
Abuse of discretion
Law Offices of Brian D. Lerner, APC
Filed under: BALCA remanded the case for certification | Tagged: abuse of discretion, BALCA, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer, work employment visa | Leave a comment »
Posted on May 18, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on January 12, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BALCA remanded the case for certification, finding that 20 CFR §656.17(e)(2) only calls for “placement” of an SWA job order, and that the CO’s request for documentation that the job order was actually run was unreasonable. (Matter of Mandy Donuts, 1/7/11)
33.767524
-118.189993
Filed under: BALCA remanded the case for certification, Board of Alien Labor Certification Appeals (BALCA), Immigration Attorney, Immigration Lawyer | Tagged: BALCA remanded the case for certification, Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, USCIS | Leave a comment »