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Cases & Decisions
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Board of Alien Labor Certification Appeals (BALCA)
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1999
1999
BALCA 99-INA-171 (10/5/99), J & J Systems, Inc., d/b/a Richardson’s Market
(12/10/1999)
Manager, Retail Nursery.
BALCA 99-INA-199 (10/6/99), Skyline Construction Co., Inc.
(12/10/1999)
Employer Questions Application of Davis-Bacon Act.
BALCA 99-INA-209 (9/27/99), Charles A. Steck III
(12/10/1999)
Dissenting Opinion on Domestic Cook.
BALCA 99-INA-194 (9/7/99), The Sotiangco Group of Companies
(12/10/1999)
CO Summarily Dismissed Employer’s Motion for Reconsideration.
BALCA 99-INA-195 (9/7/99), KFI Technology Corporation
(12/10/1999)
Financial Analyst Required Combination of Duties.
BALCA 99-INA-131 (10/14/99), Golden Trust Forwarding
(12/10/1999)
Government’s Disbelief Surprises Employer.
BALCA 96-INA-304 (10/13/99), Roger and Sandy de Young
(11/15/1999)
Panel Upheld Denial Although CO Failed to Give Instructions.
BALCA 97-INA-461 (10/5/99), Italian Importing Company
(11/15/1999)
Denial Upheld but Irregularities At CO’s Office Raise Objections.
BALCA 97-INA-353 (9/20/99), Rosetta Landscape Management
(11/15/1999)
Request For Documentation Found to be Overly Broad.
BALCA 98-INA-197 (9/17/99), Harpal S. Mangat, M.D. & Harminder Kaur, M.D.
(11/15/1999)
Board Questions Nature Of Job For Live-In Alien.
BALCA 96-INA-443 (9/14/99), Four Season Garment Cutting
(11/15/1999)
Employer Correct in Accepting U.S. Worker’s Rejection of Offer.
BALCA Case Summaries 11/99
(10/14/1999)
BALCA Case Summaries by Joel Stewart will be included in November 1999 Monthly Mailing.
BALCA Case Summaries 10/99
(9/30/1999)
BALCA Case Summaries by Joel Stewart will be included in October 1999 Monthly Mailing.
BALCA Case Summaries 9/99
(8/13/1999)
BALCA Case Summaries by Joel Stewart will be included in September 1999 Monthly Mailing.
BALCA Case Summaries 8/99
(7/6/1999)
BALCA Case Summaries by Joel Stewart appears in the July-August 1999 AILA Monthly Mailing.
BALCA Case Summaries-6/99
(5/21/1999)
BALCA Case Summaries by Joel Stewart appears in the June 1999 AILA Monthly Mailing.
BALCA Case Summaries 5/99
(4/28/1999)
BALCA Case Summaries by Joel Stewart appears in the May 1999 AILA Monthly Mailing.
BALCA Case Summaries 4/99
(3/18/1999)
BALCA Case Summaries by Joel Stewart appears in the April 1999 AILA Monthly Mailing.
Elain Bunzel, 1997-INA-481
(3/10/1999)
Employer relied on two pre-BALCA decisions in refusing to provide information requested by the CO regarding whether the job is full-time in nature. The Board noted that under its ruling in Schimoler, there is little relevance for purposes of section 656.3 definition of employment in whether the worker's duties require constant work for the entire work day.
Carlos Uy III, 1997-INA-304
(3/10/1999)
The Board held that a Certifying Officer (CO) may properly invoke the bona fide job opportunity analysis authorized by 20 C.F.R. § 656.20(c)(8) if the CO suspects that the application misrepresents the position offered as skilled rather than unskilled labor in order to avoid the numerical limitation on visas for unskilled labor.
Daisy Schimoler, 1997-INA-218
(3/10/1999)
In Daisy Schimoler, 1997-INA-218 (Mar. 3, 1999) (en banc), the Board held that the definition of employment in section 656.3 cannot be used to attack the employer's need for the position by questioning the hours in which a worker will actually be engaged in work-related duties, i.e., the business necessity for the position.
BALCA Headnotes: Domestic Cook Decisions
(3/10/1999)
March 3, 1999, BALCA headnotes on three recent related en banc decisions involving domestic cooks.
BALCA Case Summaries 3/99
(2/18/1999)
BALCA Case Summaries by Joel Stewart appears in the March 1999 AILA Monthly Mailing.
BALCA Case Summaries 2/99
(1/27/1999)
The following BALCA Case Summaries by Joel Stewart appears in the February 1999 Monthly Mailing.
BALCA Case Summaries 1/99
(1/1/1999)
The following BALCA Case Summaries by Joel Stewart will appear as an Exhibit in the January 1999 AILA Monthly Mailing.
BALCA Case Summaries 1/99
(1/1/1999)
The following BALCA Case Summaries by Joel Stewart will appear as an Exhibit in the January 1999 AILA Monthly Mailing.