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BALCA reversed the Center Director’s prevailing wage determination, finding that, pursuant to 20 CFR §656.40, an otherwise qualifying employer-provided survey cannot be rejected based on the absence of an arithmetic mean wage.

#PERM

Denial of perm

BALCA

BALCA meaning

Wage Issue with PERM?

BALCA reversed the Center Director’s prevailing wage determination, finding that, pursuant to 20 CFR §656.40, an otherwise qualifying employer-provided survey cannot be rejected based on the absence of an arithmetic mean wage.

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.

BALCA overturns denial main

BALCA denial

Board of Alien labor certification appeals

BALCA reverses PERM denial based on reasoning in Brooklyn Amity School

BALCA Upholds Denial for Failure to Specify “Terms and Conditions”

  1. BALCA affirmed the denial of the PERM application, finding that by not including the benefit of free housing in its advertisements and Notice of Filing, the employer offered terms and conditions of employment less favorable than those offered to the alien, violating 20 CFR §656.17(f)(7).

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https://californiaimmigration.us/balca-affirms-lc-denial-due-to-notice-of-filing-deficiency/

BALCA found that:

BALCA found that where the job title on the ETA 9089 (Business Dev. Specialist) was different from that listed in the ads (Business Dev. VP) there was still a sufficient nexus between the ads and the ETA 9089.

BALCA

BALCA denial

BALCA remanded the case certification

BALCA affirms lc denial due to notice of filinf deficiency

BALCA Reverses Denial, Finds Nexus between Ads and Position on ETA 9089

BALCA found that where the job title on the ETA 9089 (Business Dev. Specialist) was different from that listed in the ads (Business Dev. VP) there was still a sufficient nexus between the ads and the ETA 9089.

BALCA Vacates Denial Notwithstanding Incomplete ETA 9089

BALCA held that although the employer failed to include the alien’s relevant employment history on the ETA 9089, documentation confirming the employment was sent with the audit response and should have been considered by the CO.

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https://californiaimmigration.us/balca-affirms-lc-denial-due-to-notice-of-filing-deficiency/

BALCA Excuses Noncompliance with §655.10(a)(2) Due to H-2B PWD Delay

BALCA vacated the denial where the employer made every effort to comply with §655.10(a)(2) but was simply unable to file its application in time for its season as a result of the NPWC’s delay in issuing the PWD.

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https://californiaimmigration.us/visas/h-2b-temporary-worker/

BALCA En Banc Panel Resolves Split on 20 CFR §656.40(c)

The en banc panel affirmed the CO’s denial finding that the term “begin the recruitment” in 20 CFR 656.40(c) refers to the commencement of the first recruitment step, not to the commencement of any individual recruitment step.