Outline of Recent BALCA Cases
The Law Firm of Shihab & Associates is a leader in the dissemination of pertinent information regarding the US Department of Labor PERM decision-making process. We post recent decisions issued by the Board of Alien Labor Certification (BALCA) to inform our clients regarding recent trends and changes in the manner labor certificate applications are being decided. The following is an outline of relevant issues in PERM processing and the related BALCA cases. Contact us if you have a question about your PERM process or require an appeal of your PERM case.
Outline of Common PERM Denial Issues- Requests for Reconsideration from PERM Denial
- Hawthorn Suites Golf Resorts, LLC Case Number 2009-PER-00200. PERM denial reversed where employer made a clerical mistake regarding optional recruitment. Evidence employer held as part of PERM recordkeeping requirements is not new evidence for reconsideration purposes.
- Regulatory Requirements for Certifying Officer’s Denial Letter
- Requirement for Completeness of PERM Application Form
- Converting pre-March 2005 Labor Certification Cases to PERM
- Retaining pre-PERM Priority Date
- Date of Filing
- Completeness of Internal Notice of Filing "NOF"
- “Job Order”: Timing and Wages Posted with State Workforce Agency
- Marcel Cleaners, Inc. Case number 2009-PER-00395. Certification denied where wage on job order was less than prevailing wage.
- Advertisement in a Newspaper of General Circulation
- Recruitment for “Professional Positions”
- Ezchip, Inc. Case Number 2010-PER-00120. Denial Affirmed where employer failed to provide credible, complete, timely and corroborative documentary evidence which was offered in the form of an affidavit by its Vice President that it had posted recruitment on its website as a form of optional pre-PERM filing recruitment activity.
- Minimum Position Requirements
- “Alternative” Position Requirements
- Audit Notification
- Foreign Language Requirement
- Ownership Interest in the Employer
- Evidence and Burden of Proof
- Fairness, Substantive and Procedural Due Process
- Prevailing Wage Determination
- Employer Attestations and Certification