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Articles Posted in BALCA Decisions

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BALCA on Content of Supervised Recruitment Report

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the decision of a Certifying Officer (CO) to deny labor certification for the position of Vice President, Mergers & Acquisitions.” After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO informed the Employer that he would need…

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BALCA Affirms Denial Where Web Ad Differed from ETA 9089

The Board of Alien Labor Certification Appeals (BALCA) affirmed the decision of a Certifying Officer (CO) to deny labor certification for the position of “Multi-Media Artists & Animators.” After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. After the Employer responded, the…

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BALCA Finds Employer’s Attempts to Screen U.S. Workers Insufficient

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the decision of a Certifying Officer (CO) to deny labor certification for the position of “Hardwood Floor Installer.” Upon evaluating the Employer’s Application for Permanent Labor Certification, an Audit was issued. In this Audit Notification, the CO asked the Employer…

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BALCA Says Attempts to Explain NOF Deficiencies Are Almost Certainly Destined to Fail

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the decision of a Certifying Officer (CO) to deny labor certification for the position of “Director of Sales.” After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO denied certification of the application for multiple reasons. Most…

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BALCA Reverses Denial Where CO Failed to Timely Rule on Motion

The Board of Alien Labor Certification Appeals (BALCA) recently overturned the decision of a Certifying Officer (CO) to deny labor certification for the position of “Electrical Helper.” Procedural Case History – Case was originally accepted by DOL on December 3, 2007. June 11, 2008 CO denied certification. Appeal File was…

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BALCA Finds Omission of Notarized Statement in Audit Response Immaterial

The Board of Alien Labor Certification Appeals (BALCA) recently overturned the decision of a Certifying Officer (CO) to deny labor certification for the position of “Indian Vegetarian Cook.” After receiving and reviewing the Employer’s Application for Permanent Labor Certification, the CO issued an Audit. He directed the Employer to present…

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BALCA Finds Omission of Notarized Statement in Audit Response Immaterial

The Board of Alien Labor Certification Appeals (BALCA) recently overturned the decision of a Certifying Officer (CO) to deny labor certification for the position of “Indian Vegetarian Cook.” After receiving and reviewing the Employer’s Application for Permanent Labor Certification, the CO issued an Audit. He directed the Employer to present…

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NO ROOM FOR ERROR – BALCA Says 20 CFR 656.11(b) Effectively Overruled HealthAmerica

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the decision of a Certifying Officer (CO) to deny labor certification for the position of “Cook Assistant, Japanese Cuisine.” After audit, the CO denied the labor certification stating the prevailing wage on the ETA form 9089 did not match the…

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BALCA on Single Advertisements for Multiple Jobs Opportunities

The Board of Alien Labor Certification Appeals (BALCA) recently overturned the decision of a Certifying Officer (CO) to deny labor certification for the position of “Marketing Manager.” Upon evaluating an Employer’s Application for Permanent Labor Certification, the CO ordered the Employer to present copies of its recruitment efforts. The Employer…

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BALCA Panel Disagrees with Credit Suisse Holding on Ad Requirements

The Board of Alien Labor Certification Appeals (BALCA) recently overturned the decision of a Certifying Officer (CO) to deny labor certification for the position of “Financial Programmer Analyst.” Upon reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit Notification and required the Employer to submit further…

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