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Showing posts with label BALCA. Show all posts
Showing posts with label BALCA. Show all posts
Wednesday, November 9, 2016

Labor Cert Decisions on Rejections of Job Applicants and Minimum Requirements, etc.

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Some recent decisions by the labor certification appeals board (BALCA) address various legal issues ranging from wage and signature dis...
Thursday, June 23, 2016

Relocation Requirement Not A Basis For Labor Cert Denial

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Since the dot.com era, the IT consulting business has firmly found its place in the corporate world. Rather than hiring permanent employ...
Thursday, February 25, 2016

BALCA Grants Labor Certification Despite $1.00/Year Listed In Job Order

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In a recent decision, BALCA overturns the CO's denial of a PERM labor application after finding, once again, that the State Job Or...
Thursday, February 11, 2016

Labor Cert Board Exhibits Reason Again in Recent Decisions

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In the Matter of JOHNS HOPKINS HEALTH SYSTEM CORPORATION , 2012-PER-01751 (Feb. 2, 2016), the Board ordered reissuance of Labor Certific...
Sunday, February 7, 2016

BALCA Emphasizes Substance Over Form In Recent Decisions

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BALCA has shifted emphasis to substance over form in several recent labor application decisions. In one case, the Certifying Offic...
Sunday, January 31, 2016

Labor Certification Granted Despite Different Job Description in SWA Job Order

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Any employer or employee who has dealt with labor application issues understand the importance of an accurate job description.  Imagi...
Wednesday, November 25, 2015

Appeal Board Denies Labor Application for Director of Closely HeldCorporation

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Before a U.S. employer may petition a foreign worker for a permanent position, it must obtain a labor certification from the Labor Depar...
Monday, August 12, 2013

Labor application ads must include home office option

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Modern jobs often allow employees to work from home or telecommute for various reasons.  Sometimes it is to accommodate an employee’s family...
Tuesday, July 30, 2013

PERM Ads and Notice of Filing do not have to include language requirement

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To meet the regulatory requirements of a permanent foreign labor application (PERM application), an employer does not need to include the ...
Wednesday, April 4, 2012

BALCA Upholds Labor Certification Denial Due to Lack of Travel Language in Notice of Filing

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"Employer has  violated  20 C.F.R. §  656.17(f)(4) by including different geographical locations in the ETA Form 9089  than what wa...

BALCA Upholds Denial of Labor Certification Where Travel Requirements/Various Job Locations Not in Ads

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"Employer has violated 20 C.F.R. § 656.17(f)(3) by not specifically  apprising U.S. workers of the job opportunity.    Employer’s ETA F...