Posted on August 24, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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.
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Filed under: Employee Referral Program (ERP) | Tagged: Board of Alien Labor Certification Appeals (BALCA), conviction, employment based immigration, ETA, Immigration, Immigration Attorney, Immigration Lawyer, PERM | 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.
Filed under: Immigration Attorney | Tagged: Board of Alien Labor Certification Appeals (BALCA), employment petition, nof, notice of findings | 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 denial
Board of Alien labor certification appeals
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 May 18, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
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.
Filed under: Immigration Attorney | Tagged: board of alien laber certification appeals, Board of Alien Labor Certification Appeals (BALCA), immigration appeal, Labor Certification, PERM, posting requirement | Leave a comment »
Posted on May 18, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on January 31, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BALCA found that the recruitment report, showing that more than 90% of the applications received came from the Employee Referral Program (ERP), was adequate documentation of the ERP as a method of recruitment notwithstanding the undated notice of the program. (Matter of AQR Capital, 1/26/11).
33.767524
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Filed under: Board of Alien Labor Certification Appeals (BALCA), Employee Referral Program (ERP), Immigration Attorney, Immigration Lawyer, USCIS | Tagged: Board of Alien Labor Certification Appeals (BALCA), Brian D. Lerner, Employee Referral Program (ERP), Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner | Leave a comment »
Posted on January 31, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on January 31, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on January 24, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
For Employee Referral Programs, an employer must document 1) the program offers incentives to employees for referral; 2) the program was in effect during the recruitment period; and 3) the employees were on notice of the job opening. (Matter of Sanmina-Sci, 1/19/11)
33.767524
-118.189993
Filed under: Board of Alien Labor Certification Appeals (BALCA), Employee Referral Programs, Immigration Attorney, Immigration Lawyer, Labor Certification | Tagged: Board of Alien Labor Certification Appeals (BALCA), Brian D. Lerner, Employee Referral Programs, Immigration Attorney, Immigration Lawyer, Labor Certification, Law Offices of Brian D. Lerner | Leave a comment »
Posted on January 17, 2011 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The “offered wage” is the wage offered to the alien at the time the ETA 9089 is filed. BALCA rejected the argument that the NOF was sufficient where the employer raised the wage after posting to a rate above the NOF range. (Matter of O’Brien & Van Stiphout, 1/3/11)
33.767524
-118.189993
Filed under: Board of Alien Labor Certification Appeals (BALCA), Immigration Attorney, Immigration Lawyer, Notice of Filing (NOF) | Tagged: Board of Alien Labor Certification Appeals (BALCA), Brian D. Lerner, Immigration Attorney, Immigration Lawyer, Law Offices of Brian D. Lerner, Notice of Filing (NOF) | Leave a comment »
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