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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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 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 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 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.
Filed under: Immigration Attorney | Tagged: Board of Alien Labor Certification Appeals (BALCA), board of labor certification appeals, PERM, state workforce agency, swa | 2 Comments »
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.
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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 certification appeals, Immigration, Immigration Attorney, Immigration Lawyer, PERM, state workforce agency, swa | 2 Comments »
Posted on August 31, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
KPCC reports that California Governor Jerry Brown has signed a bill that removes the term “alien,” used in reference to foreign-born workers, from the California Labor Code. Advocates applauded the removal of the term, which is now commonly viewed as derogatory and dehumanizing, as an important step toward modernizing California’s laws.
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Alien criminal privacy act to undergo modification of records system
Filed under: alien | Tagged: Board of Alien Labor Certification Appeals (BALCA), foreign national, governor Brown, illegal alien, Immigration, Immigration Attorney, Immigration Lawyer | 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 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 »
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