A blog about U.S. immigration matters by Paul Szeto, a former INS attorney and an experienced immigration attorney and counsel. Contact Info: 732-632-9888, http://www.1visa1.com/ (All information is not legal advice and is subject to change without prior notice.)

Thursday, February 11, 2016

Labor Cert Board Exhibits Reason Again in Recent Decisions

In the Matter of JOHNS HOPKINS HEALTH SYSTEM CORPORATION, 2012-PER-01751 (Feb. 2, 2016), the Board ordered reissuance of Labor Certification with new validity period after the Employer established that it had never received the initial certification. In doing so, the Board excused the late filing of Employer's motion in light of the egregious factor involved, i.e., CO's failure to issue Certification per regulation.

In the Matter of KIM & BAE, P.C., 2012-PER-01067 (Feb. 2, 2016), the Board granted Employer's Motion to Reconsider so that the CO may consider the resumes submitted for the permanent position. Due to a formatting error in the CO's Audit Notice, the Employer failed to submit the resumes in it's audit response but included them in the request for reconsideration.  The Board found the formatting error caused the Employer to miss the directive regarding submission of resumes. 

For more recent decisions by the Labor Cert Appeal Board, review these other decisions

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