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2002

  • BALCA Case Summaries - October & November 2002 (12/3/2002)
    Summaries and full text of recent BALCA decisions. Courtesy of Joel Stewart.
  • Luz Marina Garcia, 2001-INA-135 (BALCA, Apr. 3, 2002)(256 KB - 4/3/2002)
    In Luz Marina Garcia, the Employer sent two responses to the Notice of Findings (NOF) that seemed to contradict each other. As the Board may only deal with the record before it, the panel remanded the case for the CO to determine the issue of the family relationship between the Employer and Alien and to determine whether a bona fide job opportunity exists. (Remanded).
  • BALCA Case Summaries - April & July 2002 (11/1/2002)
    Summaries and full text of recent BALCA decisions. Courtesy of Joel Stewart.
  • BALCA Case Summaries - June & January 2002 (10/2/2002)
    Summaries and full text of recent BALCA decisions. Courtesy of Joel Stewart.
  • BALCA Case Summaries - 2002 (8/27/2002)
    Summaries and full text of recent BALCA decisions. Courtesy of Joel Stewart.
  • BALCA Case Summaries - 2002 (8/6/2002)
    Summaries and full text of recent BALCA decisions. Courtesy of Joel Stewart.
  • Allan N. Lowy, 2001-INA-93 (BALCA, March 22, 2002)(371 KB - 7/12/2002)
    Full text of BALCA case: Allan N. Lowy, 2001-INA-93 (BALCA, March 22, 2002)
  • BALCA Decisions - June and March 2002 (7/12/2002)
    Summaries and full text of recent BALCA decisions. Courtesy of Joel Stewart.
  • Edith Munk, 2001-INA-125 (BALCA, June 27, 2002)(199 KB - 7/12/2002)
    Full text of BALCA decision: Edith Munk, 2001-INA-125 (BALCA, June 27, 2002)
  • Joyful Manor, 2001-INA-157 (Balca, June 5, 2002)(109 KB - 7/12/2002)
    Full text of recent BALCA decision on Joyful Manor, 2001-INA-157 (Balca, June 5, 2002)
  • Kathleen C. & John R. Joaquin, 2002-INA-42 (BALCA, June 24, 2002)(229 KB - 7/12/2002)
    Full text of BALCA decision: Kathleen C. & John R. Joaquin, 2002-INA-42 (BALCA, June 24, 2002)
  • Alberto’s Mexican Restaurant, 2001-INA-158 (BALCA, Apr. 9, 2002)(232 KB - 4/9/2002)
    In a series of cases, the COs and the Board continue to uphold the proscription of skilled labor as cooks who will prepare food in institutions with a less sophisticated menu. The Department of Labor (DOL) holds that certain menus do not require a cook with “extensive training” to prepare food.
  • Rosa Pizza, 2001-INA-164 (BALCA, Apr. 9, 2002)(143 KB - 4/9/2002)
    In a series of cases, the COs and the Board continue to uphold the proscription of skilled labor as cooks who will prepare food in institutions with a less sophisticated menu. The Department of Labor (DOL) holds that certain menus do not require a cook with “extensive training” to prepare food.
  • Jeffries & Co., 2002-INA-48 (BALCA, Mar. 24, 2002)(400 KB - 3/24/2002)
    In Jeffries & Co., the Employer required an MBA for the position of Investment Banker. The Employer documented the requirements including a letter from a professor at Harvard Business School, an opinion from The Whitney Group, a detailed letter about its internal requirements, and proof that the alien had possessed an MBA prior to being hired.
  • Roberto’s Taco Shop, 2001-INA-142 (BALCA, Feb. 15, 2002)(185 KB - 2/15/2002)
    In a series of cases, the COs and the Board continue to uphold the proscription of skilled labor as cooks who will prepare food in institutions with a less sophisticated menu. The Department of Labor (DOL) holds that certain menus do not require a cook with “extensive training” to prepare food.
  • Red Hot & Blue, 2001-INA-31 (BALCA, Feb. 7, 2002)(210 KB - 2/7/2002)
    In a series of cases, the COs and the Board continue to uphold the proscription of skilled labor as cooks who will prepare food in institutions with a less sophisticated menu. The Department of Labor (DOL) holds that certain menus do not require a cook with “extensive training” to prepare food.
  • Townecraft, Inc., 2001-INA-7 (BALCA, Feb. 4, 2002)(183 KB - 2/4/2002)
    In Townecraft, Inc., the Employer needed a bilingual person to market upscale home supplies to Spanish-speaking clients. The CO stated that the Employer had not documented a business necessity, even though 90 percent of the target market includes new immigrants who do not speak English.
  • Millershor, Inc., 2000-INA-288 (BALCA, Jan. 8, 2002)(100 KB - 1/8/2002)
    In Millershor, Inc., 2000-INA-288, the Employer argued the validity of a prevailing wage determination made by the New York State Department of Labor (DOL), and upheld by the Certifying Officer (CO), Dolores DeHaan. The DOL, relying on a General Administration Letter (GAL), used the OES survey and applied Level II to calculate the prevailing wage.
  • Y. H. Park Olympic Taekwondow, Inc., 2000-INA-113 (BALCA, Jan. 8, 2002)(125 KB - 1/8/2002)
    In Y. H. Park Olympic Taekwondow, Inc., 2000-INA-113, the CO denied an application where the Employer had tried to contact a U.S. worker by phone. The discrepancy lay in the number of telephone calls made by the Employer to the worker-the phone bills documented only one call, instead of two. No effort was made by the Employer to send a certified letter.
  • Villa Oaks Convalescent Hospital, 98-INA-292 (BALCA, Jan. 4, 2002)(331 KB - 1/4/2002)
    In Villa Oaks Convalescent Hospital, 98-INA-292, the Board concluded that where an Employer sends certified letters to communicate with U.S. workers, the certified letters might be viewed as a form of discouragement. The Board has recently endorsed the use of certified mail as the correct way to communicate with U.S. workers. (See M.N. Autoelectric Corp., 2000-INA-165.)