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Articles Posted in Employment Based Immigration

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BALCA upholds denial of Labor application – Incomplete, Missing Required Information

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 Specialty Chef. The Employer filed a LC on behalf of an alien worker and it was accepted for processing in…

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BALCA upholds denial of Labor application – Employer Did Not Comply with PERM 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 Baker. The Employer filed a LC on behalf of an alien worker and it was accepted for processing in February…

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BALCA upholds denial of Labor application – No On-Site Hire Exception to Advertising 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 Framer. The Employer filed a LC on behalf of an alien worker and it was accepted for processing in April…

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Updated Service Centers Processing Times

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Centers were released on April 16, 2009 with processing dates as of February 28, 2009. If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time…

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May 2009 Visa Bulletin

The Department of State has released its latest Visa Bulletin. The May 2009 visa bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India. Click here to view the May…

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BALCA upholds denial of Labor application – Employer Placed Job Order after receiving denial

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 Manager. The Employer filed a LC on behalf of an alien worker and it was accepted for processing in…

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BALCA upholds denial of Labor application – Employer failed to comply with PERM process

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 Cook. The CO denied the application in March of 2008 on one ground; the Employer had not filed its application…

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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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