Immigration Law

BALCA on 'permanent' employment, PERM, medical residents: Matter of Albert Einstein Medical Center

"These consolidated appeals present the common issue of whether a Certifying Officer (CO) of the Employment and Training Administration (ETA), Office of Foreign Labor Certification (OFLC) may deny labor certification for medical resident positions on the ground that such positions do not constitute permanent employment. ... As this decision is the first time BALCA has squarely considered the issue of the permanent nature of medical residency positions, and because we cannot determine for certain whether Einstein and Abington hospitals’ residency program fit the typical model for such programs based on the record before us, we will remand these cases to provide the employers an opportunity to demonstrate that each job offered fits the definition of permanent employment as articulated in this decision." - Matter of Albert Einstein Medical Center, Nov. 21, 2011.