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BALCA overturns denial of Labor Cert

Posted on February 1, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

BALCA overturned the Certifying Officer’s denial and ordered that the labor certification be granted, holding that Notice of Filing (NOF) regulations only require the NOF to contain information specific enough to apprise U.S. workers of the job opportunity, and do not require employers to run advertisements enumerating every job duty, job requirement, and condition of employment.

Labor certification

Board of alien certification appeals

PERM Labor certification 

They denied my labor certification

Filed under: Permanent Labor Certification Program | Tagged: , , , , , , , | Leave a comment »

More PERM Reversals

Posted on November 30, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
  1. BALCA reversed the denial of the labor certification pursuant to its holdings in Matter of Chabad Lubavitch Center and Matter of Symantec Corporation. The Certifying Officer had denied the employer’s PERM application solely because the State Workforce Agency (SWA) job order and website posting did not state the geographic location with enough specificity to apprise applicants of travel requirements. BALCA held that this type of recruitment was not subject to 20 CFR §656.17(f).

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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: , , , | Leave a comment »

Good decision from BALCA

Posted on November 30, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

BALCA vacated the Certifying Officer’s (CO) denial of the employer’s application for labor certification and remanded, holding that the employer verified sponsorship upon signing the statement certifying the conditions of employment on the mailed-in application, even though the CO could not confirm the sponsorship because the CO was unable to make contact with the employer.

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https://californiaimmigration.us/balca-affirms-lc-denial-due-to-notice-of-filing-deficiency/

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PERM and Labor Certification Procedure must be exact

Posted on October 19, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

BALCA affirmed the denial of certification where the employer listed the name of the president of the company, but not name of the employer, on the Notice of Filing (NOF). Rejecting the employer’s harmless error argument, BALCA stated that, without the employer’s name in the NOF, “a person attempting to provide information to the Certifying Officer (CO) might not be able to inform the CO of the name of the employer as it appeared on the application.”

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https://californiaimmigration.us/green-card/perm-employment-petition-for-immigration/

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Can you deny an applicant in PERM because of lack of experience?

Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

BALCA reversed the CO’s denial for failure to provide a sufficient explanation for rejecting eight U.S. applicants, noting that 20 CFR §656.17(g)(1) “does not indicate a level of specificity beyond what the Employer provided.”

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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.

BALCA denial

BALCA

BALCA remanded the case for cetification

BALCA affirms denial based on Lack of proof of job order

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BALCA Upholds Denial for Failure to Submit Signed Recruitment Report

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.

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BALCA Upholds Denial for Failure to Specify “Terms and Conditions”

Posted on January 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
  1. BALCA affirmed the denial of the PERM application, finding that by not including the benefit of free housing in its advertisements and Notice of Filing, the employer offered terms and conditions of employment less favorable than those offered to the alien, violating 20 CFR §656.17(f)(7).

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https://californiaimmigration.us/balca-affirms-lc-denial-due-to-notice-of-filing-deficiency/

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Set Standard for Employee Referral Programs

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)

Filed under: Board of Alien Labor Certification Appeals (BALCA), Employee Referral Programs, Immigration Attorney, Immigration Lawyer, Labor Certification | Tagged: , , , , , , | Leave a comment »

BALCA rejected the argument that the NOF was sufficient

Posted on January 10, 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 Notice of Filing (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)

Filed under: Board of Alien Labor Certification Appeals (BALCA), Immigration Attorney, Immigration Lawyer, Labor Certification, Notice of Filing (NOF), USCIS | Tagged: , , , , , , | Leave a comment »

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