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
DOL notice of a forthcoming proposed rule that would re-engineer the H-2B labor certification process to enhance transparency and strengthen program integrity and worker protections. The public may comment on the proposed rule when it is published in the Federal Register.
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Filed under: Department of Labor (DOL), Immigration Attorney, Immigration Lawyer, Labor Certification, Re-engineer the H-2B Labor Certification Process | Tagged: Brian D. Lerner, Department of Labor (DOL), Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Re-engineer the H-2B Labor Certification Process | 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)
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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 January 5, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Department of Labor (DOL) notice of a forthcoming proposed rule that would re-engineer the H-2B labor certification process to enhance transparency and strengthen program integrity and worker protections. The public may comment on the proposed rule when it is published in the Federal Register.
labor certification
RIR labor certification
Labor Certification
Permanent Labor Certification
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Filed under: Department of Labor (DOL), H-2B, Immigration Attorney, Immigration Lawyer, Labor Certification | Tagged: Brian D. Lerner, Department of Labor (DOL), Immigration Attorney, Immigration Lawyer, Labor Certification, Law Offices of Brian D. Lerner | Leave a comment »
Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Following a request from the Department of Labor Office of the Solicitor, BALCA remanded the case to the Certifying Officer for approval of the employer’s labor certification. Matter of Syracuse University, 2010-PER-00772 (9-8-10).
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Filed under: Certifying Officer, Department of Labor (DOL), Immigration Attorney, Immigration Lawyer, Labor Certification | Tagged: Brian D. Lerner, Certifying Officer, Department of Labor (DOL), Immigration Attorney, Immigration Lawyer, Labor Certification, Law Offices of Brian D. Lerner | 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
Use of the word “ongoing” in response to questions I-15 and I-19 instead of a specific date did not violate the timing requirements for recruitment using a website posting and employee referral program under 20 CFR §656.17(e)(1)(ii). (Matter of Cinetic Dyag, 10/27/10)
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Filed under: Department of Labor (DOL), Immigration Attorney, Immigration Lawyer, Labor Certification, Timing Requirements for Recruitment | Tagged: Brian D. Lerner, Department of Labor (DOL), Immigration Attorney, Immigration Lawyer, Labor Certification, Law Offices of Brian D. Lerner, Timing Requirements for Recruitment | Leave a comment »
Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DOL list of employers, attorneys, and/or agents debarred from the Permanent Labor Certification Program.
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Filed under: Department of Labor (DOL), Immigration, Immigration Attorney, Immigration Lawyer, Labor Certification, Permanent Labor Certification Program | Tagged: Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Permanent Labor Certification Program, USCIS | 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 »
Posted on November 18, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 