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H1B Visa Lawyer Blog

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BALCA upholds denial of Labor application – Employer Placed Job Order after receiving denial

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 Manager. The Employer filed a LC on behalf of an alien worker and it was accepted for processing in…

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BALCA upholds denial of Labor application – Employer failed to comply with PERM process

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 Cook. The CO denied the application in March of 2008 on one ground; the Employer had not filed its application…

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BALCA dismisses Appeal based upon PERM audit regulation 20 C.F.R. § 656.20(a)(3)

The Board of Alien Labor Certification Appeals (BALCA) recently dismissed an appeal based upon the PERM audit regulations. A labor certification application was filed on behalf of an alien worker for the position of Domestic Servant. The CO issued a letter denying certification of the labor certification (LC) because the…

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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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Illinois Act deemed invalid by U.S. District Court

E-Verify is a federal program in which employers may voluntarily sign up electronically to be able to identify the employment eligibility of new hires against federal databases in a matter of minutes. How it works: An employer requests that a new hire complete Form I-9, and with the information provided…

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