Archive for the ‘BALCA’ Category

Failure to Mention Alien’s Prior Credentials in Form 9089 Not Fatal for LC: BALCA

Friday, May 22nd, 2009

In re Pa’ Lante LLC, the Board of Alien Labor Certification Appeals (BALCA) reversed the Certifying Officer’s (CO’s) order denying labor certification and directed the CO to grant certification. In the instant case, the CO denied labor certification based on two reasons 1) employer failed to mention alien’s prior-to-hire minimum ...

Online Wage Library Printout not a Substitute for PWD from SWA: BALCA

Friday, May 22nd, 2009

The Board of Aliens Labor Certification Appeals affirmed the Certifying Officer’s (CO’s) denial of labor certification where the employer failed to obtain Prevailing Wage Determination (PWD) from State Workforce Agency (SWA) having jurisdiction over the place of employment. In the present case, the CO selected the PERM application for audit ...

BALCA’s Decision on Deficient Information in Form 9089

Tuesday, May 19th, 2009

Last week, the Board of Alien Labor Certification Appeals (BALCA) upheld the Certifying Officer’s (CO’s) decision to deny labor certification to employer who filled a deficient Form 9089 application. In the instant case, the employer filled Form 9089 for the position of “Assistant Transportation Manager,” asking one year of experience ...

BALCA on Omission of Employer’s Name in Notice of Filing.

Thursday, April 30th, 2009

In a recent judgment, the Board of Alien Labor Certification Appeals (BALCA) has held that a failure on the part of employer to prove the absence of name on notice of filing is not immaterial. The regulatory requirement of inclusion of Employer’s name on the Notice of Filing is not ...

BALCA Corrects SWA Error

Monday, March 16th, 2009

The Board of Alien Labor Certification Appeals (BALCA) overruled Certifying Officer’s (CO) denial of PERM application. The CO denied the application because the employer failed to place a job order with the State Workforce Agency (SWA) for mandatory 30 days as required by the regulation. In the present case, the employer ...