BALCA

News & Analysis as of

BALCA Reverses PERM Denial Based on Infeasibility-to-Train

An important goal of the Immigration and Nationality Act (INA) is to protect U.S. workers from being displaced in the job market by foreign workers. Certain employment-based permanent residence applications therefore require...more

BALCA Holds Ads in One Newspaper Can Count as Multiple Recruitment Steps

Prior to filing a permanent labor certification (PERM) application for a foreign worker, U.S. employers must conduct a cumbersome recruitment process to first attempt to hire a U.S. worker. Demonstrating that the recruitment...more

BALCA Holds that Link to HotJobs Is Not the Same as Posting the Job on the Employer’s Website

An important goal of the Immigration and Nationality Act (INA) is to protect U.S. workers from being displaced on the job market by foreign workers. Certain employment-based permanent residence applications therefore require...more

Holding the DOL Accountable in PERM Labor Certification Adjudications

We applaud Microsoft Corporation and the numerous parties, including the American Immigration Council and the Chamber of Commerce, who filed amicus briefs last week in a consolidated Board of Alien Labor Certification (BALCA)...more

BALCA Holds Employer Efforts to Contact U.S. Applicants Lacked Good Faith

An important goal of the Immigration and Nationality Act (INA) is to protect U.S. workers from being displaced on the job market by foreign workers. Certain employment-based permanent residence applications therefore require...more

Importance of Complying with Technical Requirements of Immigration Application Process

Details matter when it comes to immigration applications and it is increasingly more important for employers to make sure that they are complying with the letter of the law when it comes to employment and business immigration...more

Iowa Immigration Law Blog: Why PERMs are so Exacting

A new Board of Alien Labor Certification Appeals (BALCA) decision is a great example of the exacting nature of the PERM process. PERM is the first step toward permanent residence, and is regulated by the Department of...more

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