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Articles Posted in BALCA Decisions

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BALCA Rejects Employer’s Use of Washington Examiner for PERM Ads

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 “Senior Food Technologist.” After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO denied the application. He believed that the Washington Examiner,…

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BALCA on Calculating 180-Day Period for Filing under 20 CFR §656.17(e)

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 “Operating Engineer.” After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO denied certification of the application because the Employer had placed…

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BALCA Reverses Denial, Finds Prevailing Wage Variance De Minimus

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 “Computer SW Engineers, Applications.” After receiving & reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. He requested the Employer…

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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 CO May Order New PWD During Supervised Recruitment

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 “Nursery Manager.” After reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. He wanted the Employer to submit a copy…

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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 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 Weighs In On Documenting College-Based Recruitment

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 “Senior Design Verification Engineer.” After reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. Upon receiving the employer’s audit response,…

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BALCA Says CO May Order New PWD During Supervised Recruitment

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 “Nursery Manager.” After reviewing an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification. He wanted the Employer to submit a copy…

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BALCA Finds Employee’s Letter Sufficient Evidence of Required Skills

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 “Assistant Accountant.” After examining an Employer’s Application for Permanent Labor Certification, the CO issued an Audit notification ordering the Employer to submit documentation of the…

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