BALCA ordered that certification be granted, concluding that individuals “matched” by a State Workforce Agency (SWA) to a job order are not considered applicants for the PERM position because they have not affirmatively applied for the job.

Board of alien labor certification appeals

BALCA affirms LC denial due to notice of filing deficiency

Filed under: Board of Alien Labor Certification Appeals (BALCA) | Tagged: BALCA, balca denial, BALCA remanded the case for certification, Board of Alien Labor Certification Appeals (BALCA), Immigration, Immigration Attorney, Immigration Lawyer, Labor Certification, PERM | Leave a comment »

BALCA Determines College Prep School Posting Does Not Satisfy On-Campus Recruitment Requirements

Posted on October 21, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

BALCA upheld the Certifying Officer’s denial, holding that advertisements posted at a college preparatory school constituted in-house advertisement and not on-campus recruitment at a college or university, and thus did not satisfy the professional pre-filing recruitment requirements of 20 CFR §656.17(e)(1)(ii)(A)–(J).

https://cbocalbos.wordpress.com/tag/balca-remanded-the-case-for-certification/

https://californiaimmigration.us/balca-affirms-lc-denial-due-to-notice-of-filing-deficiency/

Filed under: Board of Alien Labor Certification Appeals (BALCA) | Tagged: advertising, BALCA, Board of Alien Labor Certification Appeals (BALCA), Immigration, Immigration Attorney, Immigration Lawyer, on-campus recruiting, PERM, recruitment | Leave a comment »

BALCA Finds PERM Received Two Days After Recruitment Expired Was Timely Submitted

Posted on October 14, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Where recruitment expired on a Saturday but the PERM application filed by mail was not received until Monday, BALCA overturned the Certifying Officer’s denial of the labor certification, finding that sufficient documentation was submitted to prove the date of mailing, and thus that the PERM application was timely filed.

https://cbocalbos.wordpress.com/tag/balca-remanded-the-case-for-certification/

https://californiaimmigration.us/balca-affirms-denial-based-on-lack-of-proof-of-job-order/

Filed under: Board of Alien Labor Certification Appeals (BALCA) | Tagged: BALCA, expiration, Immigration, Immigration Attorney, Immigration Lawyer, PERM | Leave a comment »

BALCA Declines to Penalize Employer for Timing Inconsistency in 656.17(e)(2)

Posted on February 15, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Where the employer filed the ETA Form 9089 within six months of the SWA job order, but notwithin 180 days, BALCA overturned the Certifying Officer’s denial, finding that it was unfair to punish the employer because of a potential conflict between the terms “6 months” and “180 days” found at 20 CFR §656.17(e)(2), which provides the timing requirements for when an employer must place an SWA job order and file an application for a nonprofessional occupation.

Board of alien labor certification appeals

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Labor certification questions and answers

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Filed under: Board of Alien Labor Certification Appeals (BALCA) | Tagged: BALCA, balca denial, BALCA remanded the case for certification, Board of Alien Labor Certification Appeals (BALCA), board of labor alien certification, employer petition, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer | Leave a comment »

More PERM Reversals

Posted on November 30, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

BALCA reversed the denial of the labor certification pursuant to its holdings in Matter of Chabad Lubavitch Center and Matter of Symantec Corporation. The Certifying Officer had denied the employer’s PERM application solely because the State Workforce Agency (SWA) job order and website posting did not state the geographic location with enough specificity to apprise applicants of travel requirements. BALCA held that this type of recruitment was not subject to 20 CFR §656.17(f).

https://cbocalbos.wordpress.com/tag/board-of-alien-labor-certification-appeals-balca/

https://californiaimmigration.us/balca-affirms-lc-denial-due-to-notice-of-filing-deficiency/

Filed under: Board of Alien Labor Certification Appeals (BALCA) | Tagged: BALCA, Labor Certification, PERM, reversal of co | Leave a comment »

Posted on September 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

BALCA ordered that certification be granted, concluding that individuals “matched” by a State Workforce Agency (SWA) to a job order are not considered applicants for the PERM position because they have not affirmatively applied for the job.

BALCA reverses denial due to due process

BALCA remanded the case for certification

BALCA affirms denial based on lack of proof of job order

Filed under: Board of Alien Labor Certification Appeals (BALCA) | Tagged: BALCA, balca denial, BALCA remanded the case for certification, Board of Alien Labor Certification Appeals (BALCA), board of labor certification appeals, Immigration, Immigration Attorney, Immigration Lawyer, PERM, state workforce agency, swa | 2 Comments »

Posted on August 5, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

BALCA reversed the denial, finding that the omission of a Spanish language requirement in the Notice of Filing (NOF) was not by itself fatal to the application where the overall text of the NOF was sufficient to apprise U.S. workers of the job opportunity.

BALCA overturns denial main

Board of Alien labor certification appeals

BALCA reverses PERM denial based on reasoning in Brooklyn Amity School

Filed under: Board of Alien Labor Certification Appeals (BALCA) | Tagged: BALCA, balca denial, BALCA remanded the case for certification, Board of Alien Labor Certification Appeals (BALCA), employment petition, Immigration, Immigration Attorney, Immigration Lawyer, nof, notice of findings | Leave a comment »

BALCA Upholds Denial for Failure to Specify “Terms and Conditions”

Posted on January 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

BALCA affirmed the denial of the PERM application, finding that by not including the benefit of free housing in its advertisements and Notice of Filing, the employer offered terms and conditions of employment less favorable than those offered to the alien, violating 20 CFR §656.17(f)(7).

https://cbocalbos.wordpress.com/tag/board-of-alien-labor-certification-appeals-balca/

https://californiaimmigration.us/balca-affirms-lc-denial-due-to-notice-of-filing-deficiency/

Filed under: Board of Alien Labor Certification Appeals (BALCA) | Tagged: BALCA, balca denial, Labor Certification, PERM | Leave a comment »

BALCA found that:

Posted on February 29, 2012 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

BALCA found that where the job title on the ETA 9089 (Business Dev. Specialist) was different from that listed in the ads (Business Dev. VP) there was still a sufficient nexus between the ads and the ETA 9089.

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