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Articles Posted in PERM – Labor Certification
BALCA Remands – Evidence of Employer’s FEIN was Sufficient
The Board of Alien Labor Certification Appeals (BALCA) recently vacated the final determination of a Certifying Officer (CO) denying labor certification for an alien worker for the position of “Animal Trainers.” The Employer’s Application was denied by the CO who found the company to be illegitimate because the Employer did…
MVP “Immigration Q & A Forum” – This Friday, June 24th, 2011
We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer…
BALCA Vacated Denial – Issue: Alternative Job Requirements
The Board of Alien Labor Certification Appeals (BALCA) recently vacated the final determination of a Certifying Officer (CO) denying labor certification for an alien worker for the position of “Programmer Analyst.” The position advertised listed the minimum level of education required as a bachelor’s degree in computer science, information systems…
BALCA Affirms Denial – Issue: Alternative Job Requirements
The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying labor certification for an alien worker for the position of “Product Manager.” Certification was denied by the CO who cited the applicant did not meet the position’s education requirements or the…
BALCA Affirms Denial – Lack of Evidence of Ability to Pay
The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying labor certification for an alien worker for the position of “Software Engineer.” The Employer was issued an Audit Notification by the CO who requested additional documentation of recruitment as well as…
BALCA Affirms Denial – NOF with Wage Equal to 99.51% of Prevailing Wage is Insufficient
The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying labor certification for an alien worker for the position of “Purchasing Manager.” On Form ETA 9089 the Employer listed the offered wage and prevailing wage at $67,787.00 per year. An Audit…
BALCA Reverses CO Decision – Employee Referral Program Sufficiently Documented
The Board of Alien Labor Certification Appeals (BALCA) recently reversed the final determination of a Certifying Officer (CO) denying labor certification for an alien worker for the position of “Junior Trading Systems Developer.” On the Application for Permanent Employment Certification accepted by the CO on September 14, 2007, the Employer…
MVP “Immigration Q & A Forum” – This Friday, June 10th, 2011
We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer…
BALCA Remands for Materiality Assessment of Section M-1
The Board of Alien Labor Certification Appeals (BALCA) recently remanded the final determination of a Certifying Officer (CO) denying labor certification for an alien worker for the position of “Baker.” In Section M-1 of Form 9089 where the employer is suppose to check whether they completed the application, the Employer…