Posted on January 31, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BALCA found that the recruitment report, showing that more than 90% of the applications received came from the Employee Referral Program (ERP), was adequate documentation of the ERP as a method of recruitment notwithstanding the undated notice of the program. (Matter of AQR Capital, 1/26/11).
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Filed under: Board of Alien Labor Certification Appeals (BALCA), Employee Referral Program (ERP), Immigration Attorney, Immigration Lawyer, USCIS | Tagged: Board of Alien Labor Certification Appeals (BALCA), Brian D. Lerner, Employee Referral Program (ERP), Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner | Leave a comment »
Posted on January 31, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on January 24, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
For Employee Referral Programs, an employer must document 1) the program offers incentives to employees for referral; 2) the program was in effect during the recruitment period; and 3) the employees were on notice of the job opening. (Matter of Sanmina-Sci, 1/19/11)
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Filed under: Board of Alien Labor Certification Appeals (BALCA), Employee Referral Programs, Immigration Attorney, Immigration Lawyer, Labor Certification | Tagged: Board of Alien Labor Certification Appeals (BALCA), Brian D. Lerner, Employee Referral Programs, Immigration Attorney, Immigration Lawyer, Labor Certification, Law Offices of Brian D. Lerner | Leave a comment »
Posted on January 17, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The “offered wage” is the wage offered to the alien at the time the ETA 9089 is filed. BALCA rejected the argument that the NOF was sufficient where the employer raised the wage after posting to a rate above the NOF range. (Matter of O’Brien & Van Stiphout, 1/3/11)
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Filed under: Board of Alien Labor Certification Appeals (BALCA), Immigration Attorney, Immigration Lawyer, Notice of Filing (NOF) | Tagged: Board of Alien Labor Certification Appeals (BALCA), Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Notice of Filing (NOF) | Leave a comment »
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)
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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 »
Posted on January 12, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BALCA remanded the case for processing, finding sua sponte that the employer’s mailing address could have confused the U.S. Postal Service and could explain why the employer did not receive the audit notification letter. (Matter of 41st Street Corp., 1/7/11)
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Filed under: Board of Alien Labor Certification Appeals (BALCA), Immigration, Immigration Attorney, Immigration Lawyer, USCIS | Tagged: Board of Alien Labor Certification Appeals (BALCA), Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner | Leave a comment »
Posted on January 11, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BALCA rejected the argument that the DOL FAQs create the impression that the Notice of Filing (NOF) need only include the prevailing wage, and affirmed the CO’s denial where the NOF contained a wage less than that offered to the alien. (Matter of Alum-A-Lift, 1/3/11).
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Filed under: Board of Alien Labor Certification Appeals (BALCA), Immigration Attorney, Immigration Lawyer, Notice of Filing (NOF) Wage Deficiency, USCIS | Tagged: Board of Alien Labor Certification Appeals (BALCA), Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Notice of Filing (NOF) Wage Deficiency | Leave a comment »
Posted on January 10, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The “offered wage” is the wage offered to the alien at the time the ETA 9089 is filed. BALCA rejected the argument that the Notice of Filing (NOF) was sufficient where the employer raised the wage after posting to a rate above the NOF range. (Matter of O’Brien & Van Stiphout, 1/3/11)
33.767524
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Filed under: Board of Alien Labor Certification Appeals (BALCA), Immigration Attorney, Immigration Lawyer, Labor Certification, Notice of Filing (NOF), USCIS | Tagged: Board of Alien Labor Certification Appeals (BALCA), Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Labor Certification, Law Offices of Brian D. Lerner, Notice of Filing (NOF) | Leave a comment »
Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Board of Alien Labor Certification Appeals (BALCA) reversed the CO’s denial, finding that the employer’s audit response clearly contained a screenshot of the State Workforce Authority (SWA) job posting, which the CO apparently misconstrued as documentation of the employer’s website.
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Filed under: Board of Alien Labor Certification Appeals (BALCA), Immigration Attorney, Immigration Lawyer, Labor Certification, State Workforce Authority (SWA) | Tagged: Board of Alien Labor Certification Appeals (BALCA), Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, State Workforce Authority (SWA) | Leave a comment »
Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The CO erred in forwarding the employer’s “request for review” to Board of Alien Labor Certification Appeals (BALCA), rather than treating it as a request for reconsideration, thereby precluding a legal argument that arose only after the denial letter was issued. (Matter of CVS RX Services, 11/16/10).
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Filed under: Board of Alien Labor Certification Appeals (BALCA), Department of Labor (DOL), Immigration Attorney, Immigration Lawyer, Labor Certification | Tagged: Board of Alien Labor Certification Appeals (BALCA), Brian D. Lerner, Department of Labor (DOL), Immigration Attorney, Immigration Lawyer, Labor Certification, Law Offices of Brian D. Lerner | Leave a comment »
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