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2006 - 2003

  • BALCA Finds No Legitimate Business Purpose for Delaware Office(420 KB - 12/20/2006)
    BALCA concludes that RIR applications for itinerant workers filed in Delaware did not reflect the true workplace and thus an appropriate labor market test was not conducted. The applications were denied rather than remanded on the basis that the applications were "fundamentally flawed." Matter of eBusiness Solutions, Inc., 2005-INA-00087, 89-104 (12/6/06). AILA Doc. No. 06122070.
    AILA Doc. No. 06122070.
  • Large Number of Job Applicants Causes BALCA to Doubt Recruitment(243 KB - 12/20/2006)
    While reversing the denial of a traditional labor certification due to failure to contact applicants who were merely referred but did not apply, BALCA remands to explore issues regarding an employer test and other aspects of recruitment where there were 120+ applicants. Matter of H.R. Shaikh & Co., 2006-INA-00057 (12/18/06). AILA Doc. No. 06122064.
    AILA Doc. No. 06122064.
  • BALCA Finds Available U.S. Worker in RIR; Requires Supervised Recruitment (12/8/2006)
    BALCA concludes that the CO was correct in an RIR case in finding that the employer did not properly consider a U.S. worker that the employer found overqualified, and remands for supervised recruitment. Matter of Express Photo, Inc., Case Nos. 2005-INA-00128 and-139 (8/11/06). AILA Doc. No. 06120761.
    AILA Doc. No. 06120761.
  • BALCA Addresses Multiple Openings Documentation(185 KB - 10/23/2006)
    BALCA addresses whether an employer, which hired a U.S. worker for a position advertised in the labor certification process, has documented that it had more than one job opening. Matter of Custom Landscape Construction, Case No. 2005-INA-181 (10/17/06). AILA Doc. No. 06102365.
    AILA Doc. No. 06102365.
  • BALCA Affirms Denial Based on Refusal to Disclose Employment(175 KB - 10/17/2006)
    BALCA affirms denial of labor certification application on the basis that the ETA 750B did not show information about the beneficiary's employment for the last six months. The employer refused to provide details, noting that the employment was unauthorized. Matter of Chatila Diamond Corp., Case No. 2005-INA-00145 (9/29/06). AILA Doc. No. 06101765.
    AILA Doc. No. 06101765.
  • BALCA Requires Supervised Recruitment in Layoff Cases(233 KB - 10/17/2006)
    BALCA vacates application denials, and remands for supervised recruitment, where the RIR requests were granted but the applications denied based on layoffs. It finds that a CO cannot deny an application based on recruitment deficiencies where it has approved an RIR. Matter of Oracle USA, Inc., BALCA Case Nos. 2006-INA-00026-33 (8/21/06). AILA Doc. No. 06101763.
    AILA Doc. No. 06101763.
  • BALCA Vacates Denials Based on Layoffs(201 KB - 10/16/2006)
    BALCA vacates denials of labor certification applications where the RIR requests were granted but the applications denied based on layoffs that occurred around the time of the NOFs. The cases were remanded for regular labor certification processing. Matter of Sprint United Management Co., BALCA Case Nos. 2006-INA-00006-12 (8/21/06). AILA Doc. No.06101621.
    AILA Doc. No. 06101621.
  • BALCA Denies PERM Appeal On Erroneous Advertising Dates(224 KB - 10/16/2006)
    BALCA affirms the denial of a PERM application where the advertising was outside the 180-day period, despite a typographic error that would have placed the ads inside the required period, but the ads would not have been on Sundays. Matter of Shogun at Bey Lea, BALCA Case No. 2006-PER-00059 (10/10/06). AILA Doc. No. 06101620.
    AILA Doc. No. 06101620.
  • BALCA Returns PERM Cases to C.O.s (10/16/2006)
    Example of more than 45 PERM appeals that were returned by BALCA to the Certifying Officers for further processing in light of the decision in HealthAmerica. Matter of Parkway-Key Corp., BALCA Case No. 2006-PER-00050. (8/31/06).
    AILA Doc. No. 06101619.
  • BALCA Issues Favorable Decision in First PERM Case (7/18/2006)
    BALCA's first decision on a PERM case, relating to DOL's denial of reconsideration of a labor certification denied due to harmless error, finds in favor of the employer. A team chaired by Josie Gonzalez prepared amicus briefs in this case on behalf of AILA and ACIP.
    AILA Doc. No. 06071868.
  • A Summary of BALCA Cases for 2003 by Joel Stewart (2/5/2004)
    Highlights of BALCA decisions in 2003 are summarized. The decisions fall into familiar categories such as: (1) Procedural Defects, (2) Rejection of U.S. Workers, (3) Bad Faith Recruitment, (4) Prevailing Wage, (5) Prime Facie Argument and Rebuttals.
    AILA Doc. No. 04020513.
  • BALCA Case Summaries - January to April 2003 (10/8/2003)
    Summaries and full text of recent BALCA decisions. Courtesy of Joel Stewart.
    AILA Doc. No. 03100840.
  • BALCA Case Summaries - October 2002 (4/22/2003)
    Summaries and full text of recent BALCA decisions. Courtesy of Joel Stewart.
    AILA Doc. No. 03042241.
  • BALCA Case Summaries - September & October 2002 (3/14/2003)
    Summaries and full text of recent BALCA decisions. Courtesy of Joel Stewart.
    AILA Doc. No. 03031444.