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Board of Alien Labor Certification Appeals (BALCA)

2013 | 2012 | 2011 | 2010 | 2009 | 2008 | 2007 | 2006 - 2003 | 2002 | 2001 - 2000 | 1999 | 1998 - 1996

  • BALCA En Banc Affirms Denial for Failure to Explicitly State Employer Name on NOF(233 KB - 9/3/2014)
    BALCA upheld the CO’s denial, finding that failure to explicitly state the name of the employer on the Notice of Filing is fatal to the application pursuant to the advertising content requirements of 20 CFR 656.10(d)(4) and 20 CFR 656.17(f). (Matter of Tera Technologies, Inc., 8/28/14)
    AILA Doc. No. 14090340.
  • BALCA Reverses Denial where CO Ignored Audit Materials Demonstrating Employer Compliance(202 KB - 8/8/2014)
    BALCA found that although the employer made a typographical error on its 9089, audit materials demonstrated compliance under the regulations and the typographical error on its own did not warrant a denial pursuant to 20 CFR 656.17(i)(1). (Matter of Sharp Image Gaming, 7/9/14)
    AILA Doc. No. 14080851.
  • BALCA En Banc Reverses CO on Advertising Content Requirements(522 KB - 8/1/2014)
    BALCA reversed the CO’s decision, finding that the advertising content requirements of 20 CFR 656.17(f) do not apply to the additional recruitment steps found in section 656.17(e)(1)(ii). (Matter of Symantec Corp., 7/30/14)
    AILA Doc. No. 14080102.
  • BALCA on “Infeasibility to Train”(248 KB - 5/27/2014)
    BALCA found that where the employee gained the required experience while working for the employer, the employer’s detailed statement sufficiently documented that it was no longer feasible to train a worker for the position under 20 CFR §656.17(i)(2)(ii). (Matter of Kentrox, 5/22/14)
    AILA Doc. No. 14052741.
  • BALCA Remands, Finds Cook Not “Substantially Comparable” to Garde Manger(251 KB - 5/5/2014)
    BALCA held that a plain reading of the ETA 9089 duties for “Cook, Spanish-Style Foods,” which involves menu planning and cooking, and “Garde Manger,” which involves preparing all cold dishes, indicates that the positions are not substantially comparable. (Matter of El Boqueron, 4/28/14)
    AILA Doc. No. 14050541.
  • BALCA on Use of Single Newspaper for Multiple Recruitment Steps(292 KB - 5/5/2014)
    Finding nothing in the regulations prohibiting an employer from using the same newspaper as both a “general circulation” and a local newspaper, BALCA reversed the denial where the employer placed two Sunday ads and one Tuesday ad in the Boston Globe. (Matter of Delta Search Labs, 4/24/14)
    AILA Doc. No. 14050540.
  • AILA Meeting Notes Cited in Favorable BALCA Decision(306 KB - 4/17/2014)
    Citing AILA’s notes from the April 2013 DOL stakeholder meeting and noting that the CO did not file an opposition, BALCA granted certification where the denial questioned the employee referral program due to the small size and makeup of the company. (Matter of Celmac Tech. Services, 4/15/14)
    AILA Doc. No. 14041707.
  • BALCA Finds Employee’s Letter Sufficient Evidence of Required Skills(195 KB - 4/3/2014)
    BALCA found that the employee’s letter affirming her knowledge of programming and other skills was sufficient where the audit asked the employer to “provide documentation” without specifying the type of documentation or indicating that the letter must be notarized. (Matter of PARC, 4/2/14)
    AILA Doc. No. 14040360.
  • ALJ Rules on “Prevailing Practice” to Provide H-2A Family Housing in Oregon(308 KB - 3/20/2014)
    The ALJ reversed the denial of the H-2A temporary labor certification, rejecting the Oregon SWA’s contention that the FHA and Oregon case law create a “prevailing practice” for farm labor family housing when an SWA-conducted survey indicated otherwise. (Matter of Adelsheim Vineyard, 3/7/14)
    AILA Doc. No. 14032040.
  • BALCA Panel Disagrees with Credit Suisse Holding on Ad Requirements(301 KB - 2/12/2014)
    BALCA reversed the CO’s denial, finding that based on the plain language of the regulations and the regulatory history, the advertising content requirements of 20 CFR 656.17(f) do not apply to additional requirement steps found in section 656.17(e)(1)(ii). (Matter of Symantec Corp., 2/11/14)
    AILA Doc. No. 14021248.
  • BALCA Reverses PERM Denial for Senior Financial Analyst(515 KB - 2/11/2014)
    BALCA reversed the CO’s denial, finding the laid-off U.S. worker clearly lacked the required experience and skill in specified accounting and modeling programs based on the face of the worker’s resume and the employer’s ETA 9089. (Matter of Federal Home Loan Mortgage Corp., 2/10/14)
    AILA Doc. No. 14021144.
  • BALCA Weighs In On Documenting College-Based Recruitment(287 KB - 2/6/2014)
    BALCA held that 20 CFR 656.17(e)(1)(ii)(D) and (H) suggest, rather than require, how an employer can document college-based recruitment and that the documentation submitted provided all essential and specific details to inform interested U.S. applicants. (Matter of Micron Technology, 1/30/14)
    AILA Doc. No. 14020646.
  • BALCA Says ETA 9089 Lacks “Free Form Space” for Clarifying Eligibility(194 KB - 2/6/2014)
    BALCA held that the CO was unreasonable in insisting that the alien’s holding of the required degree be disclosed on the 9089 where documents in the reconsideration motion showed that a bachelor’s degree is a prerequisite for a Montessori certificate. (Matter of The Clariden School, 1/30/14)
    AILA Doc. No. 14020645.
  • BALCA Remands PWD, Says DOL Erred in Rejecting Employer’s O*NET Code(276 KB - 2/6/2014)
    BALCA found that in rejecting the employer’s O*NET title, the NPWC failed to adhere to the 2009 DOL guidance which emphasizes that the prevailing wage process requires the exercise of judgment and should not be implemented in an automated fashion. (Matter of General Anesthesia, 1/28/14)
    AILA Doc. No. 14020644.
  • BALCA Upholds Denial in Case Involving “On the Job” Experience(189 KB - 1/10/2014)
    BALCA upheld the CO’s denial where the employee gained part of the required experience for the position while on the job with the employer, but the employer failed to articulate the difference in positions on the ETA 9089. (Matter of Maxim Integrated Products, 1/6/14)
    AILA Doc. No. 14011047.
  • BALCA Says Link to HotJobs Is Not the Same as Posting the Job on the Employer’s Website(201 KB - 1/6/2014)
    BALCA held the employer failed to demonstrate that it recruited for the position on its website in accordance with 20 CFR §656.17(e)(1)(ii)(B) where the website contained a “Careers” link that redirected users to the employer’s profile on HotJobs. (Matter of Dallas Morning News, 12/30/13)
    AILA Doc. No. 14010645.
 
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