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 Purchasing Manager. The Employer filed an ETA Form 9089, Application for Labor Certification on behalf of the beneficiary. The position…
Articles Posted in BALCA Decisions
BALCA affirms denial of Labor application – Lack of Employer’s Name on Notice of Filing is not harmless error
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 Stone Inspector. The Employer filed an ETA Form 9089, Application for Labor Certification on behalf of the beneficiary. In February…
BALCA vacates denial of Labor application – Lack of Kellogg Language would offend fundamental fairness and procedural due process
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 Computer Systems Analyst. Accordingly, the Board directed the CO to grant certification. This LC was filed prior to the effective…
In Lieu of Recent BALCA Decisions, a Message from the MVP Law Group, P.A.
It has come to our attention that many Permanent Labor Certification Applications are being denied by the Department of Labor (DOL) for several reasons, some of which could be avoided by having competent counsel. It is important to have an Experienced Attorney who is familiar and thorough when completing and…
BALCA upholds denial of Labor application – Did Not 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 Chef. In May of 2006, the CO issued an Audit Notification letter. The CO requested that the Employer submit its…
BALCA upholds denial of Labor application – Incomplete, Missing Required Information
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 Specialty Chef. The Employer filed a LC on behalf of an alien worker and it was accepted for processing in…
BALCA upholds denial of Labor application – Employer Did Not 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 Baker. The Employer filed a LC on behalf of an alien worker and it was accepted for processing in February…
BALCA upholds denial of Labor application – No On-Site Hire Exception to Advertising 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 Framer. The Employer filed a LC on behalf of an alien worker and it was accepted for processing in April…
BALCA upholds denial of Labor application – Employer Placed Job Order after receiving denial
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 Restaurant Manager. The Employer filed a LC on behalf of an alien worker and it was accepted for processing in…
BALCA upholds denial of Labor application – Employer failed to comply with PERM process
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. The CO denied the application in March of 2008 on one ground; the Employer had not filed its application…