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Articles Posted in BALCA Decisions

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BALCA Says Wall Street Journal Is Not a Professional Journal

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying labor certification for an alien worker for the position of “Personal Finance Advisor.” After receiving the Employer’s Application, the CO issued an Audit Notification. After receiving the audit response, the CO…

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BALCA Affirms Denial, Finds Recruitment Report Insufficient

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying labor certification for an alien worker for the position of “Software Engineer, Applications.” An Audit Notification was issued by the CO requesting evidence of the Employer’s recruitment efforts. In the response…

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BALCA Finds No Business Necessity for 2-Year Experience Requirement for Cook

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying labor certification for an alien worker for the position of “Cook.” On ETA Form 9089 the Employer listed 2 years as the minimum amount of experience required for the position. Certification…

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BALCA Questions Materiality of Omissions on the PERM Form

The Board of Alien Labor Certification Appeals (BALCA) recently vacated the final determination of a Certifying Officer (CO) denying labor certification for an alien worker for the position of “Baker.” Certification was denied by the CO who cited that ETA Form 9089 was incomplete; specifically section F-4 (skill level) and…

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BALCA Assesses Feasibility of Training a U.S. Worker

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying labor certification for an alien worker for the position of “Propagation Supervisor.” An Audit Notification was issued by the CO to the Employer requesting a copy of the job order placed…

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BALCA Remands – Evidence of Employer’s FEIN was Sufficient

The Board of Alien Labor Certification Appeals (BALCA) recently vacated the final determination of a Certifying Officer (CO) denying labor certification for an alien worker for the position of “Animal Trainers.” The Employer’s Application was denied by the CO who found the company to be illegitimate because the Employer did…

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BALCA Vacated Denial – Issue: Alternative Job Requirements

The Board of Alien Labor Certification Appeals (BALCA) recently vacated the final determination of a Certifying Officer (CO) denying labor certification for an alien worker for the position of “Programmer Analyst.” The position advertised listed the minimum level of education required as a bachelor’s degree in computer science, information systems…

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BALCA Affirms Denial – Issue: Alternative Job Requirements

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying labor certification for an alien worker for the position of “Product Manager.” Certification was denied by the CO who cited the applicant did not meet the position’s education requirements or the…

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BALCA Affirms Denial – Lack of Evidence of Ability to Pay

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying labor certification for an alien worker for the position of “Software Engineer.” The Employer was issued an Audit Notification by the CO who requested additional documentation of recruitment as well as…

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BALCA Affirms Denial – NOF with Wage Equal to 99.51% of Prevailing Wage is Insufficient

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying labor certification for an alien worker for the position of “Purchasing Manager.” On Form ETA 9089 the Employer listed the offered wage and prevailing wage at $67,787.00 per year. An Audit…

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