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Articles Posted in BALCA Decisions

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BALCA dismisses Appeal based upon PERM audit regulation 20 C.F.R. § 656.20(a)(3)

The Board of Alien Labor Certification Appeals (BALCA) recently dismissed an appeal based upon the PERM audit regulations. A labor certification application was filed on behalf of an alien worker for the position of Domestic Servant. The CO issued a letter denying certification of the labor certification (LC) because the…

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BALCA upholds denial of Labor Certification, No valid FEIN

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 Cook. The employer filed a LC on behalf of an alien worker in August of 2005. In November of…

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BALCA affirms priority date for PERM application

The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determinationof a Certifying Officer (CO) affirming the filing date for the approved PERM labor certification (LC). The application was filed on behalf of an alien worker for the position of Auto Mechanic. The employer, an auto repair shop…

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BALCA upholds denial of Labor application – Misinterpretation of Statutory 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 Auto Mechanic. The Employer filed a LC on behalf of the alien worker and it was accepted for processing in…

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BALCA upholds denial of Labor application – Employer failed to comply with advertisement 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 Horse Trainer. The Employer submitted the application by mail. In the application, the Employer indicated that the job was first…

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BALCA upholds denial of Labor application – Employer failed to rebut NOF

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 Domestic Tutor. This LC was filed prior to the effective date of the “PERM” regulations. The employer, a private household…

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BALCA reverses denial of Labor Certification

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 Plumber Helper. The employer, a plumbing services company filed a LC on behalf of an alien worker in April of…

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BALCA upholds denial of Labor application – Excessive requirement

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 Manager/Video Technician. This LC was filed prior to the effective date of the “PERM” regulations. The employer, a video parlor…

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BALCA upholds denial of Labor application – Unduly restrictive job 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 Dispatcher. This LC was filed prior to the effective date of the “PERM” regulations. The employer, a limousine company filed…

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BALCA upholds denial of Labor application – not good faith recruitment

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 Accountant. This LC was filed prior to the effective date of the “PERM” regulations. The employer filed a LC on…

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