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 February 1, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BALCA overturned the Certifying Officer’s denial and ordered that the labor certification be granted, holding that Notice of Filing (NOF) regulations only require the NOF to contain information specific enough to apprise U.S. workers of the job opportunity, and do not require employers to run advertisements enumerating every job duty, job requirement, and condition of employment.
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Filed under: Permanent Labor Certification Program | Tagged: BALCA, Immigration, Immigration Attorney, Immigration Lawyer, Labor Certification, nof, notice of filing, PERM | Leave a comment »
Posted on February 1, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BALCA held that an American Competitiveness and Workforce Improvement Act (ACWIA) wage for an institution of higher education may sample only other institutions of higher education pursuant to the regulations. Accordingly, BALCA overruled the prevailing wage determination (PWD) made by the Center Director (CD) and remanded, finding that the CD’s insistence that the employer provide a survey that sampled each type of ACWIA entity constituted an abuse of discretion.
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Filed under: BALCA remanded the case for certification | Tagged: abuse of discretion, BALCA, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer, work employment visa | Leave a comment »
Posted on November 30, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on November 30, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on October 19, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BALCA affirmed the Certifying Officer’s denial of certification, finding that the employer did not establish that the job opportunity was open and available to all U.S. workers as required by 20 CFR §656.10(c)(8), where the beneficiary and her husband each had a 50% ownership interest in the sponsoring entity.
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Filed under: PERM | Tagged: BALCA, Certifying Officer, cfr 656, conviction, denial of perm, Immigration, Immigration Attorney, Immigration Lawyer, ownership of the company, PERM | Leave a comment »
Posted on October 19, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BALCA affirmed the Certifying Officer’s denial of certification, finding that the employer’s failure to advertise the option of free housing, despite the employer’s argument that the benefit was normal to the occupation and could have been assumed, was an omission of a material aspect of employment that would influence whether or not a U.S. worker would apply for the job.
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Filed under: PERM | Tagged: BALCA, denial of certification, Immigration, Immigration Attorney, Immigration Lawyer, PERM, us workers | Leave a comment »
Posted on October 19, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BALCA affirmed the denial of certification where the employer listed the name of the president of the company, but not name of the employer, on the Notice of Filing (NOF). Rejecting the employer’s harmless error argument, BALCA stated that, without the employer’s name in the NOF, “a person attempting to provide information to the Certifying Officer (CO) might not be able to inform the CO of the name of the employer as it appeared on the application.”
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Filed under: PERM | Tagged: BALCA, Immigration, Immigration Attorney, Immigration Lawyer, Labor Certification, nof, notice of finding, PERM | Leave a comment »
Posted on September 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BALCA ordered that the denial of a labor certification be reversed and granted certification in a case where it was not clear on the ETA Form 9089 whether the beneficiary met the PERM job requirements, and stated that the certifying officer should have allowed the employer the opportunity to clarify the qualifications.
Filed under: Immigration Attorney | Tagged: BALCA, Board of Alien Labor Certification Appeals (BALCA), Certifying Officer, ETA, form 9089, PERM | 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 denial
BALCA remanded the case for certification
BALCA affirms denial based on lack of proof of job order
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