News & Analysis as of

BALCA

Pierce Atwood LLP

BALCA Upholds Denial Of Labor Certifications Based On Undisclosed Alternative Minimum Job Requirements

Pierce Atwood LLP on

In a pair of decisions, the Board of Alien Labor Certification Appeals found that omitting to disclose alternative minimum job requirements does not sufficiently apprise U.S. workers of a job opportunity and will, therefore,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

BALCA Decision Serves as Cautionary Tale on Recruitment Requirement

On December 29, 2016, the Board of Alien Labor Certification Appeals (BALCA) issued its decision in the Matter of Unisoft International, Inc., d/b/a SMA (“the Employer”), sending a signal to employers concerning their burden...more

Sherman & Howard L.L.C.

Drivers For All Seasons

Sherman & Howard L.L.C. on

An Arizona-based employer filed for H-2B visas for seasonal low-skilled drivers. The season for the application was 9 months: Fall-Winter-Spring, based on the growing season and the season of high volume sales for produce....more

Foley & Lardner LLP

An Employer Wins! BALCA Finds Crucial Inconsistency

Foley & Lardner LLP on

A recent decision by the Board of Alien Labor Certification Appeals (BALCA) illustrates just how draconian decision-making with regard to labor certification filings can be at the U.S. Department of Labor (DOL), and provides...more

Cozen O'Connor

BALCA Affirms CO’s Denial Where Beneficiary Has an Ownership Interest in Closely Held Company

Cozen O'Connor on

The Board of Alien Labor Certification Appeals (BALCA) upheld a Certifying Officer’s denial of an Employer’s Application for Permanent Certification due to the fact that the beneficiary and her husband each had a 50%...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Advertising Requirements in PERM—A Survey of BALCA’s Application of 20 CFR § 656.17(f)(7)

The U.S. Department of Labor’s (DOL) permanent labor certification (PERM) program requires employers to conduct specific recruiting activities to test the labor market before filing an application. The regulation at 20 CFR §...more

Foley & Lardner LLP

When Hiring a Foreign Employee May Really Be the Only Feasible Option

Foley & Lardner LLP on

The Board of Alien Labor Certification Appeals of the U.S. Department of Labor (“DOL”), otherwise known as the BALCA, recently issued an employer-friendly decision that contemplates how an employer can demonstrate it is not...more

Baker Donelson

Immigration Corner: Global Printing Problems for Immigrant Travel Visas, and More Road Signs on the Foggy PERM Highway

Baker Donelson on

A printing problem usually can be fixed in minutes by swapping out a toner cartridge or adding some paper, or it could take a little longer to clear a complex paper jam. Right? Not at the U.S. Department of State! Apparently...more

Mintz - Immigration Viewpoints

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

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