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Articles Posted in PERM – Labor Certification

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BALCA upholds denial of Labor Certification – Employer Inappropriately Used Wage Range in Recruitment Efforts

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of “Supervisor, Laundry.” The employer filed a LC which was accepted for processing on October 25, 2005. ETA Form 9089 indicated…

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UPDATE on the Federalized Process for Obtaining PWD Requests

Effective January 21, 2010, the Department of Labor’s iCERT online system was updated to allow the submission of electronic prevailing wage determination requests. This electronic process was intended to allow Employers and/or their Designated Representatives to submit and obtain prevailing wage determinations (PWD) for use in the H-1B, H-1B1 (Chile/Singapore),…

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BALCA upholds denial of Labor Certification – Employer Offered Terms and Conditions of Employment Less Favorable than those Offered to the Foreign Worker

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of “Production Worker.” The employer filed a LC which was accepted for processing on December 15, 2006. ETA Form 9089 indicated…

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BALCA upholds denial of Labor Certification – Employer Failed to Post Job Order for the Mandatory 30 day period

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of “Mixing and Blending Machine Setters, Operators & Tenders.” The employer filed a LC which was accepted for processing on May…

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BALCA upholds denial of Labor Certification – Employer Failed to Submit Proper Documentation to satisfy the Business Necessity Requirement

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of “Truck Driver.” The employer filed a LC which was accepted for processing on June 1, 2007. ETA Form 9089 indicated…

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RECENT UPDATE on the Federalized Process for Obtaining PWD Requests

Effective January 21, 2010, the Department of Labor’s iCERT online system was updated to allow the submission of electronic prevailing wage determination requests. This electronic process was intended to allow Employers and/or their Designated Representatives to submit and obtain prevailing wage determinations (PWD) for use in the H-1B, H-1B1 (Chile/Singapore),…

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BALCA vacates denial of Labor Certification – Fundamental Fairness requires Employer be given a Second Opportunity to Produce the Relevant Document

The Board of Alien Labor Certification Appeals (BALCA) recently vacated and remanded the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the Professional position of “Photographer.” The employer filed a LC which was accepted for processing on May 21, 2007. ETA Form…

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BALCA reverses denial of Labor Certification – Employer Omissions on ETA Form 9089 were not material as other information provided on the Form answered the essential question posed by the Form

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 Household Assistant. The employer filed a LC which was accepted for processing on June 5, 2006. On September 20th, the…

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UPDATE on the Federalized Process for Obtaining PWD Requests

Effective January 21, 2010, the Department of Labor’s iCERT online system will be updated to allow the submission of electronic prevailing wage determination requests. This electronic process will allow Employers and/or their Designated Representatives to submit and obtain prevailing wage determinations (PWD) for use in the H-1B, H-1B1 (Chile/Singapore), H-1C,…

Updated:

BALCA upholds denial of Labor Certification – Employer Failed to Timely Address Business Necessity Issue

The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of “Dental Assistant.” The employer filed a LC which was accepted for processing on January 16, 2007. ETA Form 9089 indicated…

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