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
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
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
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
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
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
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
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
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