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The Certifying Officer can’t simply deny PERM without giving opportunity to explain

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.

BALCA rules in favor of employee

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.

California to remove term ‘Alien’ from laws

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.

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.

Got a PERM and recruitment? See this case.

BALCA vacated the Certifying Officer’s denial and found that, although the ETA 9089 stated that the Employee Referral Program (ERP) commenced prior to the prevailing wage validity period, recruitment under the pre-existing ERP actually began within the prevailing wage validity period, when the employees became aware of the vacancy for purposes of making a referral.

BALCA reverses Employment Denial

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 Upholds Denial for Failure to Submit Signed Recruitment Report

Acknowledging that 20 CFR 656.17(g)(1) does not explicitly require recruitment reports to have “original” signatures, BALCA upheld the denial of three labor certifications in a decision issued yesterday, rejecting the argument that the typewritten name constituted an electronic signature.

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