Posted on August 31, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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.
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Filed under: PERM | Tagged: BALCA, Board of Alien Labor Certification Appeals (BALCA), Immigration, Immigration Attorney, Immigration Lawyer, PERM, Prevailing Wage | Leave a comment »
Posted on August 31, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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.
Filed under: Immigration Attorney | Tagged: BALCA, Board of Alien Labor Certification Appeals (BALCA), PERM, Prevailing Wage | Leave a comment »
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
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), employment petition, Immigration, Immigration Attorney, Immigration Lawyer, nof, notice of findings | Leave a comment »
Posted on January 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on February 29, 2012 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on February 29, 2012 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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.
Filed under: Immigration Attorney | Tagged: Ads, Atty.Brian D. Lerner, BALCA, ETA 9089, Immigration Attorney, NEXUS, Position, Reverses Denial | Leave a comment »
Posted on January 26, 2012 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on December 17, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on December 3, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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.
Filed under: Immigration Attorney | Tagged: 20 CFR §656.40(c), Atty.Brian D. Lerner, BALCA, CO, Immigration Lawyer, recruitment | Leave a comment »