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Articles Posted in BALCA Decisions

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BALCA upholds denial of Labor Certification – Employer Offered Terms and Conditions of Employment Less Favorable than those Offered to the Foreign Worker

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying labor certification (LC) for three alien workers for the position of “Senior Programmer Analyst.” The employer filed a LC which was accepted for processing on August 15, 2007. ETA Form 9089…

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BALCA affirms denial of Labor Certification – No Violation of Due Process, PERM Regulations eliminated NOF/Rebuttal procedure found in the pre-PERM regulations

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of “Property Real Estate and Community Association Manager.” The employer filed a LC which was accepted for processing on December 8,…

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BALCA Reverses CO’s denial of Labor Certification – Compliance with Requirements for Employee Referral Program

The Board of Alien Labor Certification Appeals (BALCA) recently reversed the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the professional position of “Key Accountant Manager/ICSD.” The employer filed a LC and ETA Form 9089 indicated that one of its recruitment steps…

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BALCA upholds denial of Labor Certification – Employer Inappropriately Used Wage Range in Recruitment Efforts

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of “Supervisor, Laundry.” The employer filed a LC which was accepted for processing on October 25, 2005. ETA Form 9089 indicated…

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BALCA upholds denial of Labor Certification – Employer Offered Terms and Conditions of Employment Less Favorable than those Offered to the Foreign Worker

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of “Production Worker.” The employer filed a LC which was accepted for processing on December 15, 2006. ETA Form 9089 indicated…

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BALCA upholds denial of Labor Certification – Employer Failed to Post Job Order for the Mandatory 30 day period

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of “Mixing and Blending Machine Setters, Operators & Tenders.” The employer filed a LC which was accepted for processing on May…

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BALCA upholds denial of Labor Certification – Employer Failed to Submit Proper Documentation to satisfy the Business Necessity Requirement

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of “Truck Driver.” The employer filed a LC which was accepted for processing on June 1, 2007. ETA Form 9089 indicated…

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BALCA vacates denial of Labor Certification – Fundamental Fairness requires Employer be given a Second Opportunity to Produce the Relevant Document

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 Professional position of “Photographer.” The employer filed a LC which was accepted for processing on May 21, 2007. ETA Form…

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BALCA reverses denial of Labor Certification – Employer Omissions on ETA Form 9089 were not material as other information provided on the Form answered the essential question posed by the Form

The Board of Alien Labor Certification Appeals (BALCA) recently reversed the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Household Assistant. The employer filed a LC which was accepted for processing on June 5, 2006. On September 20th, the…

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BALCA upholds denial of Labor Certification – Employer Failed to Timely Address Business Necessity Issue

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of “Dental Assistant.” The employer filed a LC which was accepted for processing on January 16, 2007. ETA Form 9089 indicated…

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