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 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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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.
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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 »
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
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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.
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BALCA reverses PERM denial based on reasoning in Brooklyn Amity School
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Posted on January 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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