The Board of Alien Labor Certification Appeals (BALCA) recently vacated the final determination of a Certifying Office (CO) denying labor certification for an alien worker for the position of “Reverend,” and remanded the case for further proceedings. In the aforementioned case, the employer filed an application for labor certification on…
The Board of Alien Labor Certification Appeals (BALCA) affirmed the final determination of the Certifying Officer (CO) denying a labor certification application because the employer’s rebuttal was insufficient to establish a lawful related reason for rejecting U.S. workers. In the aforementioned case, the employer, a telecommunications company, filed an application…
The Board of Alien Labor Certification Applications (BALCA) recently affirmed the final determination of the Certifying Officer (CO) denying labor certification. In the present case, the petitioner (employer), a plumbing and compacting installation service filed an application for labor certification for the position of Plumber on behalf of a foreign…
The Administrative Appeals Office recently withdrew the decision of the Director, Vermont Service Center and remanded the matter to him for further action and consideration. In the aforementioned case, the Petitioner is a Mississippi Limited Liability Company supplying labor and industrial services for the marine and petroleum/chemical industries in the…
The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Office (CO) denying labor certification for an alien worker for the position of “Day Worker.” In the aforementioned case, the Labor Certification (LC) was filed by the employer, a private household, on behalf of…
On August 15, 2008, the United States Court of Appeals for the Ninth Circuit issued an opinion finding that a no-match letter does not provide Constructive knowledge of Immigration Violations. The case arose from the response by Aramark Facility Services (“Aramark”) to a no-match letter from the Social Security Administration…
The L-1B intra company business visa allows specialized knowledge employees to transfer from a foreign company to a U.S. parent, affiliated, or subsidiary branch to perform temporary jobs. For a foreign applicant to attain L-1B visa status, three requirements must be met. First and foremost, the petitioning U.S. company must…
The U.S. immigration system is constantly changing. At a recent stakeholders meeting, the U.S. Department of Labor (DOL) announced several upcoming changes to the Labor Certification and Labor Condition Application process. Expect More PERM Audits The DOL announced that with Backlog Elimination Centers (BECs) closing, the DOL will now be…
The Department of State Released its latest Visa Bulletin today. The September 2008 visa bulletin still shows employment based third preference (EB-3) visas as unavailable while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India. The EB-2 priority dates for China…
The Immigration and Nationality Act (INA) permits employers to employ nonimmigrant alien workers in H-1B specialty occupations in the United States. In order to employ H-1B non-immigrants, an employer must obtain certification from the United States Department of Labor (DOL) after filing a Labor Condition Application (LCA). The LCA stipulates…