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Articles Posted in PERM – Labor Certification

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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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BALCA upholds denial of Labor application – Misinterpretation of Statutory 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 Auto Mechanic. The Employer filed a LC on behalf of the alien worker and it was accepted for processing in…

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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…

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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…

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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…

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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…

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Highlights of Fiscal Year (FY) 2008 PERM Certifications

Over 90,039 Labor certification applications were received between October 01, 2007 and September 01, 2008. Of those, 49,205 have been certified. Many are either still in the review process, undergoing an audit, on appeal, or have been denied. The top 5 states of intended employment for these permanent labor certifications…

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The Role of the Attorney in the PERM Process After the Fragomen Settlement

Since the Department of Labor (DOL) issued a press release in June 2008 announcing it was auditing all of the PERM labor certification applications filed by the Fragomen law firm there has been much confusion for attorneys in regards to the PERM process. While there are still a number of…

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BALCA upholds denial of LC for failure to obtain Federal Employer Identification Number (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 “Maid.” In the aforementioned case, the employer, a private household filed a LC on behalf of an alien worker. The…

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