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BALCA overturns denial of Labor Cert

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

PERM and Labor Certification Procedure must be exact

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/

When doing the PERM be sure to put the correct wage

BALCA affirmed the Certifying Officer’s denial on the ground that the $16.00 per hour wage rate listed on the Notice of Filing (NOF) did not apprise applicants that they could earn up to $18.00 per hour, the highest end of the $15.58 to $18.00 per hour wage range that was attested to in the Form ETA 9089.

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

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 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 overturns denial main

BALCA denial

Board of Alien labor certification appeals

BALCA reverses PERM denial based on reasoning in Brooklyn Amity School