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Articles Posted in BALCA Decisions

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BALCA upholds denial of Labor application – minimalist approach to 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 heavy equipment operator. This LC was filed prior to the effective date of the “PERM” regulations. The employer, a residential…

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BALCA upholds denial of Landscaper Application – seasonal employment

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

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BALCA upholds denial of Landscaper application – not permanent, full-time employment

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

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BALCA remands LC for supervised recruitment due to failure of Employer to recruit in good faith

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 “Secondary Mathematics Teacher,” and remanded the case for regular processing and supervised recruitment. This LC was filed prior to the…

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BALCA upholds denial of LC because Employer failed to establish position was permanent full-time employment

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 “Landscape Gardener.” This LC was filed prior to the effective date of the “PERM” regulations. In the aforementioned case, the…

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BALCA upholds denial of LC because Employer failed to establish lawful-job related reasons for rejecting otherwise qualified U.S. workers

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 “Heavy Equipment Operator.” This LC was filed prior to the effective date of the “PERM” regulations. In the aforementioned case,…

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BALCA upholds denial of LC based on suspension of counsel

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 “tailor – textile, apparel & furnishing worker.” This LC was filed prior to the effective date of the “PERM” regulations.…

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BALCA upholds denial of LC because proffered position not full-time as required by 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 “Ethnic Singer/Entertainer.” This LC was filed prior to the effective date of the “PERM” regulations. In the aforementioned case, the…

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BALCA upholds Final Determination finding lack of good faith in 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 “Operations Foreman.” This LC was filed prior to the effective date of the “PERM” regulations. In the aforementioned case, the…

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BALCA vacates Final Determination and remands for proper procedures to re-advertise

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 “Fabric and Apparel Patternmaker.” This LC was filed prior to the effective date of the “PERM” regulations. In the aforementioned…

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