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Abuse of Discretion ruled

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

Acknowledging that 20 CFR 656.17(g)(1) does not explicitly require recruitment reports to have “original” signatures, BALCA upheld the denial of three labor certifications in a decision issued yesterday, rejecting the argument that the typewritten name constituted an electronic signature.

BALCA denial

BALCA

BALCA remanded the case for cetification

BALCA affirms denial based on Lack of proof of job order

BALCA remanded the case for certification

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)