Posted on November 30, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on November 30, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on November 3, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
- BALCA affirmed the denial of certification where the employer incorrectly entered the prevailing wage validity period on the ETA Form 9089 as less than the minimum 90 days required by 20 CFR §656.40(c). BALCA rejected the employer’s argument of harmless error, even though the prevailing wage determination issued by the State Workforce Agency did not include specific validity dates, and only indicated a validity period of “90 days from the date of this determination.”
Filed under: PERM | Tagged: certifiying officer, ETA 9089, PERM, Prevailing Wage | 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.
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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 October 19, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BALCA affirmed the Certifying Officer’s denial of certification, finding that the employer’s failure to advertise the option of free housing, despite the employer’s argument that the benefit was normal to the occupation and could have been assumed, was an omission of a material aspect of employment that would influence whether or not a U.S. worker would apply for the job.
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https://californiaimmigration.us/green-card/perm-employment-petition-for-immigration/
Filed under: PERM | Tagged: BALCA, denial of certification, Immigration, Immigration Attorney, Immigration Lawyer, PERM, us workers | Leave a comment »
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/
Filed under: PERM | Tagged: BALCA, Immigration, Immigration Attorney, Immigration Lawyer, Labor Certification, nof, notice of finding, 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 September 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BALCA ordered that certification be granted, concluding that individuals “matched” by a State Workforce Agency (SWA) to a job order are not considered applicants for the PERM position because they have not affirmatively applied for the job.
Filed under: Immigration Attorney | Tagged: Board of Alien Labor Certification Appeals (BALCA), board of labor certification appeals, PERM, state workforce agency, swa | 2 Comments »
Posted on September 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BALCA ordered that certification be granted, concluding that individuals “matched” by a State Workforce Agency (SWA) to a job order are not considered applicants for the PERM position because they have not affirmatively applied for the job.
BALCA reverses denial due to due process
BALCA denial
BALCA remanded the case for certification
BALCA affirms denial based on lack of proof of job order
Filed under: Board of Alien Labor Certification Appeals (BALCA) | Tagged: BALCA, balca denial, BALCA remanded the case for certification, Board of Alien Labor Certification Appeals (BALCA), board of labor certification appeals, Immigration, Immigration Attorney, Immigration Lawyer, PERM, state workforce agency, swa | 2 Comments »
Posted on September 26, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DOL posted an alert stating that on September 1, 2015, an update to the PERM case management system caused an unexpected programming glitch to occur, as a result of which, certain information could not be entered on the form. Until the revisions become operational, if you cannot complete and file an ETA Form 9089 online, you should mail in the application to the Atlanta National Processing Center.
Filed under: Immigration Attorney | Tagged: Department of Labor (DOL), DOL, ETA 9089, PERM | Leave a comment »
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