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Articles Posted in BALCA Decisions

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BALCA Reverses Denial, Finding 3 out of 4 Recruitment Steps in Compliance

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 “Battery Engineer.” The CO denied the application stating that the Employer’s web posting did not identify the job location. He cited it was in violation…

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BALCA Reaffirms Zero Tolerance for Failing to Submit “Required Documentation”

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 Commissioning Engineer.” After obtaining & examining an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification ordering the Employer to submit…

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BALCA Finds CO’s Claim that ETA 9089 was Incomplete Untenable

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 “Computer Software Engineer.” The CO denied the application stating that the Labor application is incomplete and inconsistent with the submitted information from the employer and…

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BALCA Indicates that ETA 9089 Errors Might Be Addressed in Audit

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 “R & D Manager/Chemist.” After receiving and reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. The Employer responded with…

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BALCA Finds Omission of Notarized Statement in Audit Response Immaterial

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 “Indian Vegetarian Cook.” After receiving and reviewing the Employer’s Application for Permanent Labor Certification, the CO issued an Audit. He directed the Employer to present…

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BALCA Discusses Advertisements Placed by Private Employment Firms

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying labor certification for the position of “Latin American Refining Prospect Director.” An Audit Notification was issued by the CO to the Employer requesting them to submit its recruitment documentation. A response…

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BALCA on Single Advertisements for Multiple Jobs Opportunities

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 “Marketing Manager.” Upon evaluating an Employer’s Application for Permanent Labor Certification, the CO ordered the Employer to present copies of its recruitment efforts. The Employer…

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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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