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Articles Posted in BALCA Decisions

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BALCA Affirms Final Determination of CO – Computer Software Engineer

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 “Computer Software Engineer.” The Employer’s Labor Application was accepted by the CO on July 26, 2007, where the prevailing wage was…

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BALCA Vacated CO determination – Violation of Due Process

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 “Pharmacist.” The CO accepted the Employer’s Application for Permanent Employment Certification which stated the job required a bachelor’s degree in Pharmacy…

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BALCA Grants Reconsideration – CO Abused Discretion

The Board of Alien Labor Certification Appeals (BALCA) recently granted an Employer reconsideration for a case in which the CO originally denied labor certification (LC) for an alien worker for the position of “Care Taker-Ranch Hand.” After the Employer filed an LC on June 5, 2009 on behalf of an…

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BALCA vacated and remanded CO determination – SWA Job Posting

The Board of Alien Labor Certification Appeals (BALCA) recently vacated and remanded the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of “Purchasing Manager.” The CO originally denied the application on the grounds that the Employer failed to provide evidence…

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BALCA Affirms Denial of Labor Certification – NOF did not meet regulation 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 “Chef.” The applicants’ Employer Application for Permanent Employment Certification was originally accepted by the CO on December 1, 2006 but the…

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BALCA Vacates Denial of Labor Certification – NOF posted on Saturday & Sunday

The Board of Alien Labor Certification Appeals (BALCA) recently vacated and remanded the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of “Chefs and Head Cooks.” The CO originally denied certification on May 5, 2008 because the sponsorship of the…

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BALCA Affirms Denial of Labor Certification for CEO of Closely Held Corporation

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 “Chief Executive Officer.” An Audit Notification was issued by the CO on April 28, 2006 requesting documents showing the company’s finances,…

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BALCA Affirms Denial on Ground That Alien Did Not Meet Educational Requirements After Revision of Form 9089

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 “Assistant Manager.” The Employer originally stated on the ETA Form 9098 that the position required a high school education and 24…

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BALCA Affirms Denial Finding Recruitment Report Inadequate Proof of Web Advertising

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying certification. The Employer filed an Application for Permanent Labor Certification for an alien worker for the position of “Programmer.” An Audit Notification was issued on September 11, 2007 for the purpose…

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BALCA upholds denial of Labor Certification – Alien Worker did not meet the Employer’s Minimum 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 “Supervisor.” The employer filed an application for labor certification which was accepted for processing on February 8, 2006. ETA Form 9089…

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