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Articles Posted in BALCA Decisions

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BALCA Reverses PERM Denial for Senior Financial Analyst

The Board of Alien Labor Certification Appeals (BALCA) recently overturned the decision of a Certifying Officer (CO) to deny labor certification for the position of “Financial Analyst-Senior” After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. Specifically, he requested information on US…

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BALCA Discusses Factors for “Professional or Trade Organizations”

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the decision of a Certifying Officer (CO) to deny labor certification for the position of “Account Manager.” After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. It required the Employer to present…

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BALCA Says Employer Efforts to Contact U.S. Applicants Lacked Good Faith

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the decision of a Certifying Officer (CO) to deny labor certification for the position of “Accountant. Level I.” After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. The Employer responded by sending…

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BALCA Says Link to HotJobs Is Not the Same as Posting the Job on the Employer’s Website

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the decision of a Certifying Officer (CO) to deny labor certification for the position of “Assistant Sports Editor, Al Dia.” After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. He asked the…

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BALCA Says Content Requirements for Ads Do Apply to SWA Job Orders

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the decision of a Certifying Officer (CO) to deny labor certification for the position of “Senior Managing Consultant.” After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. He instructed the Employer to…

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BALCA Says Content Requirements for Ads Do Not Apply to SWA Job Orders

The Board of Alien Labor Certification Appeals (BALCA) recently overturned the decision of a Certifying Officer (CO) to deny labor certification for the position of “Translator.” After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO denied certification. The CO cited the Employer’s ETA Form 9089 indicated…

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BALCA Says Employers Do Not Need to Document Posting Dates of NOF

The Board of Alien Labor Certification Appeals (BALCA) recently overturned the decision of a Certifying Officer (CO) to deny labor certification for the position of “Landscape Tech.” After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification requesting the Employer to present documentation…

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BALCA Acknowledges Due Process Concerns But Upholds PERM Denial

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the decision of a Certifying Officer (CO) to deny labor certification for the position of “Instructional Coordinator: Computer Cluster.” After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. Once the Employer responded,…

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BALCA on Presumption of Delivery of DOL Mail

The Board of Alien Labor Certification Appeals (BALCA) recently overturned the decision of a Certifying Officer (CO) to deny labor certification for the position of “Maid.” After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO denied certification. He cited the Employer’s failure to “make a selection…

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BALCA OKs Omission of Language Requirement in NOF

The Board of Alien Labor Certification Appeals (BALCA) recently overturned the decision of a Certifying Officer (CO) to deny labor certification for the position of “Production Supervisor.” Upon evaluating the Employer’s Application for Permanent Labor Certification, the CO denied the Labor Application because he believed it violated PERM regulation 20…

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