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1999

  • Manager, Retail Nursery Is a Seasonal Position (12/10/1999)
    BALCA finds that a manager of a retail nursery that shuts down from Christmas until February is a seasonal position, rejecting the employer's analogy how schools operate. (Matter of J&J Systems, Inc., 10/5/99)
    AILA Doc. No. 99121072.
  • Employer Questions Application of Davis-Bacon Act (12/10/1999)
    The Board finds that "the issue is not whether the employer is subject to the Davis-Bacon Act, but whether the occupation, itself, is subject to a wage determination under that Act." (Matter of Skyline Construction Co., 10/6/99)
    AILA Doc. No. 99121073.
  • Financial Analyst Required Combination of Duties (12/10/1999)
    BALCA rejected the employer's infeasibility argument regarding a position of Financial Analyst that combined duties found in the DOT for the titles of Cost Accountant and Credit Analyst. (Matter of KFI Technology Corp., 9/7/99)
    AILA Doc. No. 99121075.
  • Panel Upheld Denial Although CO Failed to Give Instructions (11/15/1999)
    BALCA upheld the denial of an application for a Household Manager, even though the CO's challenge to the bona fides of the job opportunity provided no specifics on how to rebut. (Matter of de Young, 10/13/99)
    AILA Doc. No. 99111571.
  • Request For Documentation Overly Broad (11/15/1999)
    BALCA found excessive a CO's request for thre years of weekly payroll records for all workers in the occupation. (Matter of Rosetta Landscape Management, 9/20/99)
    AILA Doc. No. 99111572.
  • Board Questions Nature Of Job For Live-In Worker (11/15/1999)
    The board held that because the alien was living on the premises of the employer, the CO must apply the totality of circumstances test to inquire into the bona fide nature of the job offer of cook. (Matter of Mangat, 9/17/99)
    AILA Doc. No. 99111573.
  • Employer Correct in Accepting U.S. Worker’s Rejection of Offer (11/15/1999)
    An employer reasonably concluded that an applicant was not interested when the applicant did not respond to a letter asking if he would accept a lower wage than what the applicant had requested. (Matter of Four Season Garment Cutting, 9/14/99)
    AILA Doc. No. 99111575.
  • BALCA Says CO May Inquire Into "Full Time" Nature of Job In Certain Circumstances (3/10/1999)
    The Board affirmed the denial of certification, finding that notwithstanding Schimoler, the CO may reasonably inquire into whether a job constitutes full-time employment when analyzing whether the job opportunity is bona fide. (Matter of Elain Bunzel, 3/3/99)
    AILA Doc. No. 99031056.
  • BALCA on Skilled vs. Unskilled Workers (3/10/1999)
    BALCA held that the CO may invoke the bona fide job analysis under 20 CFR §656.20(c)(8) if it suspects that the employer misrepresented the position as skilled rather than unskilled in order to avoid the numerical limitation on visas for unskilled workers. (Matter of Carlos Uy III, 3/3/99)
    AILA Doc. No. 99031058.
  • BALCA En Banc Panel Weighs In on Business Necessity (3/10/1999)
    The en banc panel held that the definition of employment in 20 CFR 656.3 cannot be used to attack business necessity by questioning the hours in which a worker will actually be engaged in work-related duties. (Matter of Daisy Schimoler, 3/3/99)
    AILA Doc. No. 99031057.
 
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