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Articles Posted in BALCA Decisions

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BALCA upholds denial of Labor Certification – PERM: Failure to follow Recruitment time restrictions for filing

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 “Accounting/Bookkeeping Assistant.” On March 2, 2007, the employer filed a LC on behalf of an alien worker, indicating that the…

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BALCA upholds denial of Labor Certification – PERM: Failure to follow Newspaper Advertisement 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 “Food Preparation Worker.” The employer filed a LC and had checked the box on Form 9089 indicating that there was…

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BALCA upholds denial of Labor Certification – Newspaper Advertisement omitted Employer’s Name

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 “Brickmason.” The employer filed a LC on behalf of an alien worker and in October of 2007, the CO issued…

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BALCA upholds denial of Labor Certification – Failure to provide documentation requested in Audit Notification Letter

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 “Cook.” The employer filed a LC on behalf of an alien worker and in November of 2007, the CO issued…

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BALCA upholds denial of Labor Certification – AUDIT: Failure to provide Recruitment Report

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 “Beautician.” The employer filed a LC on behalf of an alien worker and in March of 2008, the CO issued…

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BALCA vacates CO’s denial of Labor Certification involving Employer’s FEIN

The Board of Alien Labor Certification Appeals (BALCA) recently vacated the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of “Cook.” The employer filed a LC on behalf of an alien worker in February of 2006. In November of 2007,…

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BALCA upholds denial of Labor application – Employer failed to comply with Notice of Filing requirements

The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Slitting Supervisor. The labor certification application was accepted by the CO in October of 2005. A few months later, the…

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BALCA upholds denial of Labor application – Employer failed to obtain a proper PWD

The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Marketing Consultant. In August of 2005, the Employer submitted a labor certification application on behalf of an alien worker. The…

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BALCA upholds denial of Labor application – Employer failed to comply with PERM regulations

The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Stone Carver. The Employer submitted an application and it was accepted for processing on August 17, 2006. The Employer indicated…

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BALCA upholds denial of Labor application – Employer failed to comply with Prevailing Wage Determination Instructions

The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Cook, Private Household. The Employer submitted the application by mail. The application was accepted for processing in January of 2006.…

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