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 Auto Mechanic. The Employer filed a LC on behalf of the alien worker and it was accepted for processing in…
Articles Posted in Employment Based Immigration
BALCA upholds denial of Labor application – Employer failed to comply with advertisement 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 Horse Trainer. The Employer submitted the application by mail. In the application, the Employer indicated that the job was first…
CGFNS Guidance on Educational Requirements for PT applicants
The Commission on Graduates of Foreign Nursing Schools (CGFNS) International is an internationally recognized authority on credentials evaluations and verification pertaining to the education, registration, and licensure of nurses and health care professionals worldwide. CGFNS International is a leader in the industry with extensive knowledge of the profession and over…
BALCA upholds denial of Labor application – Employer failed to rebut NOF
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 Domestic Tutor. This LC was filed prior to the effective date of the “PERM” regulations. The employer, a private household…
BALCA reverses denial of Labor Certification
The Board of Alien Labor Certification Appeals (BALCA) recently reversed the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of Plumber Helper. The employer, a plumbing services company filed a LC on behalf of an alien worker in April of…
Appeal of an Alien of Extraordinary Ability is rejected by Administrative Appeals Office
The Administrative Appeals Office (AAO) recently considered the merits of the petitioner’s appeal on a de novo basis. Accordingly, the appeal was rejected, subsequent motions were rejected and the petition will remain denied. There were several procedural errors made in the adjudication of this petition. The employment based immigrant visa…
Labor Department To Implement New Online Application System
The Department of Labor will soon implement a new integrated online system – known as the iCert Portal – through which employers will submit applications for permanent labor certification, labor condition applications (LCAs) and other applications for immigration-related DOL programs. In addition, the agency will introduce new editions of Form…
Employment-Based Adjustment Case Being Transferred to the NBC?
If you have received a transfer notice from one of the USCIS service centers that your case is being transferred to the National Benefits Center (NBC), do not be alarmed . The reason your case is being transferred is that it is being scheduled for an interview. For interview waiver…
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…
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…