Immigration Law

Recent Posts

Recent BALCA Cases Highlight the Importance of Choosing the Right Sunday Newspaper
Posted on 15 Aug 2019 by Daniel M. Kowalski

Cora-Ann Pestaina, Aug. 7, 2019 "In June 2019, the Board of Alien Labor Certifications Appeals (BALCA) issued at least ten decisions that addressed the employers’ choice of Sunday newspaper in the PERM labor certification recruitment process... Read More

Editor's Corner: Can OFLC Overrule BALCA by FAQ? (On the Meaning of H-2B 'Worksite')
Posted on 5 Oct 2016 by Daniel M. Kowalski

Daniel M. Kowalski, Oct. 5, 2016 - "On April 15, 2016, BALCA held that for H-2B visa truckers, "[t]here is only one opening for full-time employment and it is where the trucking terminal is located. There is no “job opportunity”... Read More

Tags: balca , worksite , kowalski , faq , H-2B

BALCA on ACWIA, H-1B Prevailing Wage, Higher Education: Matter of University of Michgan
Posted on 30 Nov 2015 by Daniel M. Kowalski

BALCA, Matter of University of Michigan, Nov. 18, 2015 - "The Employer filed an Application for Prevailing Wage Determination (ETA Form 9141) in connection with its efforts to hire an H-1B worker. (AF 27-31). The Employer noted on the Form 9141 that... Read More

BALCA EN BANC ON WHETHER THE ADDITIONAL RECRUITMENT STEPS FOR PROFESSIONAL OCCUPATIONS MUST COMPLY WITH 656.17(f)
Posted on 13 Aug 2014 by Daniel M. Kowalski

"For PERM practitioners, what is the practical take away lesson from Symantec? Does the fact that 656.17(f) does not apply to the additional forms of recruitment mean that these additional forms of recruitment can indeed contain job requirements... Read More

BALCA and HealthAmerica
Posted on 11 Jun 2013 by Daniel M. Kowalski

"In Matter of Sushi Shogun, 2011-PER-02677 (May 28, 2013), BALCA said, “HealthAmerica has effectively been overruled by the promulgation of 20 C.F.R §656.11(b).” Practitioners who file numerous PERM applications can empathize with... Read More

Cora-Ann V. Pestaina: BALCA SAYS THERE IS NO NEED TO LIST EVERY BENEFIT OF EMPLOYMENT IN JOB ADVERTISEMENTS
Posted on 15 Oct 2011 by Daniel M. Kowalski

"To practitioners who file numerous PERM applications, the Department of Labor’s (DOL) philosophy of solely protecting the U.S. labor market without regard to employers’ efforts, its constantly shifting goal posts, and its frightful... Read More

BALCA on Advertising: Matter of Gallup McKinley County Schools
Posted on 12 Oct 2017 by Daniel M. Kowalski

Matter of Gallup McKinley County Schools, Oct. 3, 2017 - "The Employer has established that the Navajo Times is an appropriate paper for the job opportunity. The teaching position will entail working primarily with Navajo Indian children and the... Read More

BALCA Holds That Foreign Language Requirement Did Not Need To Be Listed In The Advertisements
Posted on 21 Feb 2018 by Daniel M. Kowalski

Cora-Ann Pestaina, Feb. 20, 2018 - "Despite the fact that the PERM regulations took effect on March 28, 2005, almost 13 years ago, PERM practitioners continue to struggle with the Department of Labor (DOL) regarding what must be listed in PERM advertisements... Read More

News Excerpts From The Jan. 1, 2014, Bender's Immigration Bulletin
Posted on 19 Dec 2013 by LexisNexis Legal Newsroom Staff

EOIR Issues New Guidance Following Settlement of Asylum Clock Suit | On December 2, 2013, the Office of the Chief Immigration Judge issued two memoranda concerning implementation of the employment authorization “clock” for asylum applicants... Read More

BALCA News: Appointment of DOL ALJs to BALCA
Posted on 6 Dec 2017 by Daniel M. Kowalski

DOL, Nov. 29, 2017 - "Appointment of Administrative Law Judges to Review PERM Appeals; Limited En Banc Review and Appointment of Administrative Law Judges to Conduct Administrative Review or De Novo Hearings in Cases Adjudicated by a Single Judg... Read More

Tags: balca , perm

Five Years Later, A PERM Victory at BALCA: Matter of Marlabs, Inc.
Posted on 22 Nov 2017 by Daniel M. Kowalski

Matter of Marlabs, Inc., Nov. 9, 2017 - "On May 17, 2012, Employer filed an Application for Permanent Employment Certification (“Form 9089”) sponsoring the Alien for permanent employment in the United States in Piscataway, New Jersey... Read More

BALCA Reverses Labor Cert. Denials By Upholding Real World Job Advertisements - Cora-Ann V. Pestaina
Posted on 23 Feb 2016 by Daniel M. Kowalski

Cora-Ann V. Pestaina, Feb. 22, 2016 - "[A]n employer’s use of terms like “Competitive,” “Depends on Experience” (DOE), “Negotiable,” “Will Discuss With Applicant,” etc. does not take away from... Read More

BALCA on fundamental fairness: Matter of Ebenezer Mission Church
Posted on 26 Nov 2011 by Daniel M. Kowalski

"[W]e find that the CO improperly denied certification based on the Employer’s failure to provide a copy of the PWD request. To require an employer to submit documentation when it had no notice that it needed to retain such documentation runs... Read More

Tags: balca , fairness

BALCA Says Economic Benefits Should Be Listed in PERM Recruitment - Cora-Ann V. Pestaina
Posted on 19 Mar 2015 by Daniel M. Kowalski

"PERM is an exacting process. We’ve read those words over and over in various Board of Alien Labor Certification Appeals (BALCA) decisions. The Department of Labor (DOL) Certifying Officers (CO) and BALCA continually use those words to justify... Read More

Tags: balca , perm , pestaina