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Articles Posted in PERM – Labor Certification

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BALCA upholds denial of Labor Certification – Job Order Placed 184 days prior to CO’s date stamp

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 nonprofessional position of “Drywall taper.” The employer filed a LC which was mailed on September 20, 2006 and accepted for processing on…

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BALCA upholds denial of Labor Certification – FEIN Discrepancy

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 Electrical Helper. The employer filed a LC on behalf of an alien worker and in November of 2007, the CO…

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BALCA upholds denial of Labor Certification – Job Order Placement Period Insufficient

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 “Financial Manager.” The employer filed an application for LC which was accepted for processing on April 12, 2007. Form 9089…

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BALCA upholds denial of Labor Certification – Notice of Posting Inadequate

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 “Specialty Cook/Italian.” The employer filed a LC which was accepted for processing on June 13, 2006. Thereafter, the CO issued…

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BALCA upholds denial of Labor Certification – Employer Submitted Labor less than 30 days after end of SWA job order

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 “Office Clerk, General.” The employer filed a LC which was accepted for processing on October 16, 2006. Form ETA 9089…

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BALCA upholds denial of Labor Certification – Notice of Filing failed to provide “Rate of Pay”

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 “Computer Software Engineer, Applications.” The employer filed a LC on behalf of an alien worker and in June of 2007,…

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BALCA upholds denial of Labor Certification – PERM: Recruitment not conducted in accordance with Regulations

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 “Dietitian and Nutritionist.” The employer filed a LC on behalf of an alien worker in December of 2006, where the…

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BALCA upholds denial of Labor Certification – PERM: Failure to Prove Business Necessity

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/Service Manager.” The employer filed a LC requiring seven years of experience in the job offered, and the case was…

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BALCA upholds denial of Labor Certification – PERM: Professional and nonprofessional position recruitment

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 “Assistant Director.” The employer filed a LC on behalf of an alien worker in August of 2006, where the Employer…

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BALCA upholds denial of Labor Certification – PERM: Failure to follow Recruitment time restrictions for filing

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 “Accounting/Bookkeeping Assistant.” On March 2, 2007, the employer filed a LC on behalf of an alien worker, indicating that the…

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