Close

Articles Posted in BALCA Decisions

Updated:

BALCA Says Laid-Off U.S. Worker was Rejected for a Lawful, Job-Related Reason

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 “Software Engineer.” The CO denied the labor certification stating “the Employer did not notify potentially qualified laid-off US workers of the job opportunity.” In response,…

Updated:

BALCA on Documenting Recruitment from 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 “Computer & Information Systems Manager.” After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. Once the Employer…

Updated:

En Banc Panel Resolves BALCA Dispute Over Prevailing Wage Documentation

The Board of Alien Labor Certification Appeals (BALCA) overturned the decision of a Certifying Officer (CO) to deny Labor Certification. After obtaining & examining an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification ordering the Employer to submit a copy of the Prevailing Wage Determination (PWD)…

Updated:

BALCA Remands, Says Ads Would Not Prevent U.S. Workers from Applying

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 “Support Engineer”. After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification directing the Employer to present its…

Updated:

BALCA on Travel Requirements and Multi-Position Notices of Filing

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the decision of a Certifying Officer (CO) to deny labor certification for several “Software Engineer” positions. Upon evaluating an Employer’s Application for Permanent Labor Certification, the CO ordered the Employer to present copies of its recruitment data. After reviewing the…

Updated:

BALCA Rejects Newspaper HQ as Determinative in Evaluating Area of Intended Employment

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 Programmer.” Upon evaluating an Employer’s Application for Permanent Labor Certification, the CO denied the Labor Application because the Employer ran its recruitment advertising in…

Updated:

BALCA Discusses Substantially Equivalent Alternative Requirements

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 Software Engineer.” The CO denied the labor certification stating the alternative requirements for the position were different (not substantially equivalent) from the primary job…

Updated:

BALCA Reverses Denial Finding Job Order Form Deficient

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 “Business Development Manager-IV.” After receiving and reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit. He directed the Employer to present…

Updated:

BALCA Interprets Drafting of Alternative Requirements on the ETA 9089

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 “MR Clinical Development Leader.” The CO denied the labor certification without audit stating the alternative requirements for the position were not substantially equivalent to the…

Updated:

BALCA Reverses CO’s Denial, Discusses Recruitment for “Roving” Positions

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 “Senior Systems Analyst.” Upon evaluating an Employer’s Application for Permanent Labor Certification, the CO denied the Labor Application because he believed it violated PERM regulation…

Contact Us