Posted on October 23, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BALCA overturned the Certifying Officer’s denial of the labor certification, finding that the regulations that control placement of Sunday ads versus local and ethnic ads differ, and that the employer was not required to place the local ad in the newspaper “most likely to bring responses.”
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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 »
Posted on October 23, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BALCA overturned the Certifying Officer’s denial of the labor certification, finding that the regulations that control placement of Sunday ads versus local and ethnic ads differ, and that the employer was not required to place the local ad in the newspaper “most likely to bring responses.”
Filed under: best deportation attorney | Tagged: BALCA, Labor Certification, PERM | Leave a comment »
Posted on July 28, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Applying the reasoning from Smartzip Analytics, BALCA reversed the Certifying Officer’s denial of the labor certification, finding that an application cannot be deniedon its face based on a failure to provide a duration requirement for special skills listed in Section H.14 of the ETA Form 9089, short of legally sufficient notice of a requirement to do so.
Filed under: best deportation attorney | Tagged: 9089, BALCA, Labor Certification, PERM | Leave a comment »
Posted on December 21, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Applying the reasoning from Matter of A Cut Above Ceramic Tile, BALCA reversed the Certifying Officer’s denial of the labor certification, finding that an employer is not required to retain or provide proof of publication of its State Workforce Agency (SWA) job order which can be sufficiently documented by listing the start and end dates of the job order on the ETA Form 9089.
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Filed under: best deportation attorney | Tagged: BALCA, balca denial, BALCA remanded the case for certification, Board of Alien Labor Certification Appeals (BALCA), Certifying Officer, CO, I-140, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer | Leave a comment »
Posted on December 2, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BALCA reversed the Certifying Officer’s denial and remanded the matter for certification where DOL had faulted the employer for not listing a relocation requirement in recruitment advertising and on the ETA Form 9089 for a position with a primary work site “and various unanticipated locations throughout the U.S.” The employer had relied on the 1994 Barbara Farmer Memo, which BALCA agreed makes no distinction between travel and relocation. BALCA further opined that it was not fundamentally fair to require that the possibility of relocation be specifically disclosed in the advertisement and application in absence of notice or guidance, particularly when the organized immigration bar has been pressing OFLC for years to clarify issues related to “roving” employees.
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https://californiaimmigration.us/victory-for-due-process-of-aliens/
Filed under: due process | Tagged: 9089, BALCA, Certifying Officer, CO, denial of due process, Due Process, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer, Labor Certification, PERM, Victory for Due Process, violation of due process | Leave a comment »
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).
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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 »
Posted on October 14, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on October 5, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BALCA affirmed the Certifying Officer’s denial of the labor certification, finding that the employer filed two PERM applications with “substantially comparable job duties,” and holding that an employer may not file a new PERM application for the same foreign worker for the same job opportunity when the first application is pending BALCA review.
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https://californiaimmigration.us/they-denied-my-labor-certification/
Filed under: Immigration Attorney | Tagged: Appeal, BALCA, Labor Certification | Leave a comment »
Posted on October 5, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BALCA affirmed the denial of a labor certification undergoing supervised recruitment (SR) where the employer claimed it did not receive the revised draft advertisement. BALCA noted that the record did not reflect a change of address for the employer or attorney during the relevant time period. Further, the correction letter was addressed to the same mailing address for the employer and attorney as the notification and the denial, which were received.
Filed under: Immigration Attorney | Tagged: BALCA, Labor Certification, PERM | Leave a comment »
Posted on September 23, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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