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BALCA overturns Denial main

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.

BALCA Reverses Denial due to due process

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.

Be careful if you own the company doing the PERM and you are also the beneficiary

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.

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.

DOL Announces Change in Signature on Approved Labor Certifications

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.”

BALCA remanded approval of the employer’s labor certification

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).

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