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Articles Posted in BALCA Decisions

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BALCA upholds denial of LC for failure to obtain Federal Employer Identification Number (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 “Maid.” In the aforementioned case, the employer, a private household filed a LC on behalf of an alien worker. The…

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BALCA upholds denial of LC based upon failure to comply with PERM advertising rules

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 “Chinese Specialty Cook.” In the aforementioned case, the employer filed a LC on behalf of an alien worker. The significant…

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BALCA affirms PERM filing date and vacates CO’s denial of the application

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the PERM filing date and vacated the Certifying Officer’s (CO) denial of the application. The employer, an independent school district filed a pre-PERM ETA form 750A application for permanent alien labor certification on October 24, 2004 for the position of…

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BALCA upholds denial of LC based on submission of Incomplete Application

The Board of Alien Labor Certification Appeals (BALCA) recently upheld the final determination of a Certifying Office (CO) denying labor certification (LC) for an alien worker for the position of “Home Health Aide.” In the aforementioned case, the employer, a private household filed a LC on behalf of an alien…

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BALCA remands case – Pro se employer not given adequate rebuttal notice

The Board of Alien Labor Certification Appeals (BALCA) recently vacated the final determination of a Certifying Office (CO) denying labor certification for an alien worker for the position of “Reverend,” and remanded the case for further proceedings. In the aforementioned case, the employer filed an application for labor certification on…

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Unlawful Rejection of U.S. Workers: BALCA affirms Certifying Officer’s denial of labor certification

The Board of Alien Labor Certification Appeals (BALCA) affirmed the final determination of the Certifying Officer (CO) denying a labor certification application because the employer’s rebuttal was insufficient to establish a lawful related reason for rejecting U.S. workers. In the aforementioned case, the employer, a telecommunications company, filed an application…

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Recruitment Efforts: Employer cannot reject otherwise qualified candidates based on resume alone

The Board of Alien Labor Certification Applications (BALCA) recently affirmed the final determination of the Certifying Officer (CO) denying labor certification. In the present case, the petitioner (employer), a plumbing and compacting installation service filed an application for labor certification for the position of Plumber on behalf of a foreign…

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BALCA affirms denial of Labor Certification based on lack of requested evidence

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Office (CO) denying labor certification for an alien worker for the position of “Day Worker.” In the aforementioned case, the Labor Certification (LC) was filed by the employer, a private household, on behalf of…

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