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BALCA Applies Reasoning from Smartzip and Overturns H.14 Denial

Posted on July 28, 2017 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Applying the reasoning from Smartzip Analytics, BALCA reversed the Certifying Officer’s denial of the labor certification, finding that an application cannot be deniedon its face based on a failure to provide a duration requirement for special skills listed in Section H.14 of the ETA Form 9089, short of legally sufficient notice of a requirement to do so.

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BALCA Reverses Denial due to due process

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/

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BALCA Determines College Prep School Posting Does Not Satisfy On-Campus Recruitment Requirements

Posted on October 21, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

BALCA upheld the Certifying Officer’s denial, holding that advertisements posted at a college preparatory school constituted in-house advertisement and not on-campus recruitment at a college or university, and thus did not satisfy the professional pre-filing recruitment requirements of 20 CFR §656.17(e)(1)(ii)(A)–(J).

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

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Prevailing Wages for Academic Physicians

Posted on October 21, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

University professors who have clinical duties may be eligible for permanent residence through a PERM labor certification application based on special handling with limited special recruitment; a hybrid PERM using basic recruitment; or a Schedule A, Group II, application.

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https://californiaimmigration.us/our-immigration-law-firm/

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BALCA Finds PERM Received Two Days After Recruitment Expired Was Timely Submitted

Posted on October 14, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Where recruitment expired on a Saturday but the PERM application filed by mail was not received until Monday, BALCA overturned the Certifying Officer’s denial of the labor certification, finding that sufficient documentation was submitted to prove the date of mailing, and thus that the PERM application was timely filed.

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https://californiaimmigration.us/balca-affirms-denial-based-on-lack-of-proof-of-job-order/

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BALCA Upheld SR Denial Where Employer Claimed Notice was Not Received

Posted on October 5, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BALCA affirmed the denial of a labor certification undergoing supervised recruitment (SR) where the employer claimed it did not receive the revised draft advertisement. BALCA noted that the record did not reflect a change of address for the employer or attorney during the relevant time period. Further, the correction letter was addressed to the same mailing address for the employer and attorney as the notification and the denial, which were received.

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BALCA Affirms Denial Where Employer’s Agent Signed Recruitment Report

Posted on September 23, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

BALCA upheld the denial of the labor certification where the recruitment report was signed by an agent, rather than the employer, in direct violation of 20 CFR §656.17(g)(1), which requires either the employer or its representative to sign the recruitment report.

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https://californiaimmigration.us/labor-certification-appeal-granted/

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PERM’s must be prepared properly

Posted on September 22, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Approximately 30 percent of all PERM cases are audited, and half of those cases are denied. Thus, you should make sure the PERM is professionally prepared.

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PERM Audit

Posted on May 9, 2016 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

A scary fact:

Approximately 30 percent of all PERM cases are audited, and half of those cases are denied.

Therefore, make certain it is done right.

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https://californiaimmigration.us/tips-to-find-the-right-immigration-lawyer-in-los-angeles/

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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

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