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.
Labor certification
Board of alien labor certification appeals
PERM labor certification application
PERM process
Labor certification appeal granted
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 December 2, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BALCA reversed the Certifying Officer’s denial and remanded the matter for certification where DOL had faulted the employer for not listing a relocation requirement in recruitment advertising and on the ETA Form 9089 for a position with a primary work site “and various unanticipated locations throughout the U.S.” The employer had relied on the 1994 Barbara Farmer Memo, which BALCA agreed makes no distinction between travel and relocation. BALCA further opined that it was not fundamentally fair to require that the possibility of relocation be specifically disclosed in the advertisement and application in absence of notice or guidance, particularly when the organized immigration bar has been pressing OFLC for years to clarify issues related to “roving” employees.
DUE process
Violation of DUE process
Denial of DUE process
DUE and immigration
https://californiaimmigration.us/victory-for-due-process-of-aliens/
Filed under: due process | Tagged: 9089, BALCA, Certifying Officer, CO, denial of due process, Due Process, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer, Labor Certification, PERM, Victory for Due Process, violation of due process | Leave a comment »
Posted on October 19, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BALCA affirmed the Certifying Officer’s denial of certification, finding that the employer did not establish that the job opportunity was open and available to all U.S. workers as required by 20 CFR §656.10(c)(8), where the beneficiary and her husband each had a 50% ownership interest in the sponsoring entity.
https://cbocalbos.wordpress.com/tag/perm-2/
https://cbocalbos.wordpress.com/tag/denial-of-perm/
https://cbocalbos.wordpress.com/tag/perm/
https://californiaimmigration.us/green-card/perm-employment-petition-for-immigration/
Filed under: PERM | Tagged: BALCA, Certifying Officer, cfr 656, conviction, denial of perm, Immigration, Immigration Attorney, Immigration Lawyer, ownership of the company, PERM | 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 August 4, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Labor Department alerts stakeholders that, effective immediately, permanent and temporary labor certifications will no longer display the electronic signature of the Office of Foreign Labor Certification (OFLC) Acting Administrator William W. Thompson II. Instead, the electronic signature on approved applications under the permanent and temporary visa programs will be shown as “Certifying Officer.”
Filed under: Immigration Attorney | Tagged: Certifying Officer, Department of Labor (DOL), DOL | Leave a comment »
Posted on December 13, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Following a request from the Department of Labor Office of the Solicitor, BALCA remanded the case to the Certifying Officer for approval of the employer’s labor certification. Matter of Syracuse University, 2010-PER-00772 (9-8-10).
33.767524
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Filed under: Certifying Officer, Department of Labor (DOL), Immigration Attorney, Immigration Lawyer, Labor Certification | Tagged: Brian D. Lerner, Certifying Officer, Department of Labor (DOL), Immigration Attorney, Immigration Lawyer, Labor Certification, Law Offices of Brian D. Lerner | Leave a comment »
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