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Articles Posted in BALCA Decisions

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BALCA Remands for Materiality Assessment of Section M-1

The Board of Alien Labor Certification Appeals (BALCA) recently remanded the final determination of a Certifying Officer (CO) denying labor certification for an alien worker for the position of “Baker.” In Section M-1 of Form 9089 where the employer is suppose to check whether they completed the application, the Employer…

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BALCA Affirmed Denial – Proof of Job Order Placement Required

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 “Maintenance and Repair Workers, General.” The Employer’s Application for Permanent Employment Certification was denied on August 28, 2007 by the CO…

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BALCA Affirmed – Must Document Employee Referral Program Recruitment Efforts

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 “Senior SAP Basis Technology Analyst.” In the Employer’s Application for Permanent Employment Certification, three additional recruitment steps were listed because the…

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BALCA Vacates Denial in the Interest of Fundamental Fairness

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 “Practical Nurse.” After accepting the Employer’s Application for Permanent Certification on October 26, 2007, the CO issued an Audit Notification which…

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BALCA Remands – Employer’s Job Search web advertisement met requirements of 20 CFR §656.17(f)

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 “Dentist.” The CO issued an Audit Notification on October 2, 2007 requesting additional documentation in regards to the Employer’s recruitment efforts.…

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BALCA Finds SWA Job Order Must Comply with §656.17(f)

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 “High School Science Teacher.” After the Employer neglected to respond to an Audit Notification, the CO denied certification on February 27,…

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BALCA Affirmed Denial – Evidence of Recruitment with 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 an alien worker for the position of “Senior Software Engineer.” On the Employer’s Application for Permanent Employment Certification, three additional types of recruitment were listed because the job…

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BALCA Affirmed Denial of Unsigned ETA 9089 Submitted by Mail

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.” After accepting an application for Permanent Employment Certification on August 28, 2007, the CO issued a denial of the application…

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BALCA and the Employee Referral Program

The Board of Alien Labor Certification Appeals (BALCA) recently reversed the final determination of a Certifying Officer (CO) denying labor certification for an alien worker for the position of “Junior Trading Systems Developer.” On the Application for Permanent Employment accepted by the CO, the Employer listed the three additional recruitment…

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MVP LAW GROUP – Immigration Q&A Forum, Friday, February 4, 2011

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create…

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