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 Accountant. This LC was filed prior to the effective date of the “PERM” regulations. The employer filed a LC on…
H1B Visa Lawyer Blog
BALCA upholds denial of Labor application – minimalist approach to recruitment
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 heavy equipment operator. This LC was filed prior to the effective date of the “PERM” regulations. The employer, a residential…
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…
BALCA upholds denial of Landscaper Application – seasonal employment
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 “Landscaper”. This LC was filed prior to the effective date of the “PERM” regulations. The employer filed a LC on…
BALCA upholds denial of Landscaper application – not permanent, full-time employment
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 “landscaper”. This LC was filed prior to the effective date of the “PERM” regulations. The employer filed a LC on…
December 2008 Visa Bulletin
The Department of State has released its latest Visa Bulletin. The December 2008 visa bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India. Click here to view the December…
Naturalization Process for the Military
Under special provisions of the Immigration and Nationality Act (INA), service members and certain veterans of the United States armed forces may apply for expedited citizenship . Qualifying military service is generally in one of the following branches: Army, Navy, Air Force, Marine Corps, Coast Guard, and certain components of…
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…
BALCA remands LC for supervised recruitment due to failure of Employer to recruit in good faith
The Board of Alien Labor Certification Appeals (BALCA) recently vacated the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of “Secondary Mathematics Teacher,” and remanded the case for regular processing and supervised recruitment. This LC was filed prior to the…
BALCA upholds denial of LC because Employer failed to establish position was permanent full-time employment
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 “Landscape Gardener.” This LC was filed prior to the effective date of the “PERM” regulations. In the aforementioned case, the…